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Preliminary Determination of Potential Hazards Excluded From Evidence
A letter containing a preliminary warning regarding a product may be excluded from evidence where the letter does not contain a conclusive determination regarding the product's safety; the plaintiff must establish that the product was defective when it left the manufacturer and remained in the same defective condition at the time the death of their child occurred. Tober v. Graco Children's Products, Incorporated, No. 04-3837, U.S. Court of Appeals for the Seventh Circuit, Dec. 8, 2005.
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