Devlin v. Smith, 89 N.Y. 470 (1882)[1] was a seminal case decided by the New York Court of Appeals in the area of product liability law.

The Court held that a duty to third parties "exists when a defect is such as to render the article in itself imminently dangerous, and serious injury to any person using it is a natural and probable consequence of its use."

A workman employed by Smith was killed by a fall, caused by the negligence of Stevenson in the construction of the scaffold upon which he was working.

The court found that there was sufficient evidence to require the submission to the jury of the question of whether the failure of the scaffold was attributable to negligence in its construction.

Accordingly, liability to third parties could arise if a defect rendered a product imminently dangerous and serious personal injury was a natural and probable consequence of its use.

There, the defendant argued that imminently dangerous products included only poisons, explosives, and firearms; therefore, Buick Motor Company was not liable for its automobile.

Finally, Cardozo discussed Statler v. George A. Ray Manufacturing Co., in which the court expanded its concept of "imminently dangerous" to include a coffee urn that exploded after the defendant had installed it in a restaurant.