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Winter v. G.P. Putnam’s Sons | 938 F.2d 1033 (1991)

Under products-liability law, manufacturers may be held strictly liable for the products they create. A glass bottle might explode, and the bottle maker would be strictly liable for the injury it causes. But what about when an injury is caused by the contents of a how-to guide? The nineteen ninety-one case of Winter versus G. P. Putnam’s Sons wrote the book on this issue.

Wilhelm Winter and Cynthia Zheng were mushroom enthusiasts who bought a book called The Encyclopedia of Mushrooms as a reference guide to help them hunt wild mushrooms.

The Encyclopedia of Mushrooms included information on where to find mushrooms, how to collect them, and how to cook them. A British publishing company printed the book, and American book publisher G. P. Putnam’s Sons distributed it in America.

Winter and Zheng used The Encyclopedia of Mushrooms to distinguish which mushrooms were safe to eat. After harvesting, cooking, and eating the mushrooms they identified, Winter and Zheng became so critically ill that they needed liver transplants.

Winter and Zheng alleged that the book contained false information about identifying deadly types of mushrooms. They sued Putnam for products liability and negligence, as well as breach of warranty, negligent misrepresentation, and false representations. Putnam sought summary judgment. The district court granted summary judgment in Putnam’s favor. Winter and Zheng appealed to the Ninth Circuit.

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