Arredondo v. Duckwall Stores, Inc. , 227 Kan. 842 ( 1980 )

Herd, J.:

I respectfully dissent from the opinion of the majority. For public safety reasons, minors as well as habitual drunkards, narcotics addicts and felons are prohibited from obtaining any explosives or detonating substances by the provisions of K.S.A. 21-4209. In addition to public safety reasons, I believe the statute operates to protect a class of persons traditionally protected under the law, namely minors. I find the statute intended to protect minors from “their own inexperience, lack of judgment, and tendency toward negligence” in prohibiting the sale or transfer of explosives to them. Restatement (Second) of Torts § 483 (1965). The comparative negligence statute should not apply.