This section contains the nature of the case and procedural background.

P, a 6-year-old minor, brought this action to recover damages for injuries caused by fire while he endeavored to fill a toy cigarette lighter with lighter fluid. Zussman (D) owned and operated a gumball machine which dispensed the miniature toy lighter, and Rivera (D) owned the premises on which the gumball machine was placed and who had sold the lighter fluid to P. P obtained the miniature cigarette lighter as a prize from said gumball machine and then immediately purchased lighter fluid from Rivera (D) and 'set himself on fire when he attempted to fill the lighter with the lighter fluid.' P charged Ds with negligence in giving cigarette lighters as prizes in gumball machines and in selling lighter fluid to P when Ds knew or should have known that the lighter and lighter fluid were dangerous to children of tender years. P alleged that Ds negligently failed to warn of the danger involved; failed to remove the cigarette lighters from the gumball machine; and improperly maintained, operated, and inspected the premises and gumball machine therein, permitting a child of tender years to use it to his injury. The complaint was dismissed for a failure to state a cause of action. P appealed.

The legal issues presented in this case will be displayed here.

The applicable rule of law for this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.