Product Liability

Yun Tung Chow tried to unclog a floor drain in the kitchen of the restaurant where he worked. He used a drain cleaner called Lewis Red Devil Lye that contained crystalline sodium hydroxide. The product label said to wear eye protection, to put one tablespoon of lye directly into the drain, and to keep one’s face away from the drain because there could be dangerous backsplash. Without eye protection, Chow mixed three tablespoons of lye in a can and poured that mixture down the drain while bending over it. Liquid splashed back into his face, causing injury. He brought a product liability suit based on inadequate warnings and design defect. The trial court granted summary judgment to the manufacturer, and Chow appealed. An expert for Chow stated that the product was defective because it had a tendency to backsplash. Is that a convincing argument? Why or why not?
Answer #1
Ask Chow, this is helpdesk
or serious discussion?
To answer the question, the court already decided for the manufacture. Argument for whom?
Answer #2
this is the question: An expert for Chow stated that the product was defective because it had a tendency to backsplash. Is that a convincing argument? Why or why not?
Answer #3
No it isn’t. Any liquid can cause a backsplash, and HE didn’t read the warning that said to wear eye protection and trippled the dosage. Instructions said 1 spoon, he used 3. His own damn fault
Answer #4
I’m no expert but from your post..I don’t think you can sue for liability where you been careless in the use of a dangerous product..
Remind me of this movie..lol..I only asked you to blow the damn door not the whole car..
Answer #5
this is the question: An expert for Chow stated that the product was defective because it had a tendency to back-splash. Is that a convincing argument? Why or why not?
Any liquid can splash-back – and if this has a “enhanced” tendency to splash then that’s WHY they gave the appropriate instructions.
Which he ignored – TWICE.
His fault, not theirs. And no sympathy either!
Answer #6
Yun Tung Chow should try drinking the sodium hydroxide solution next time. The product is not defective because it back splashes. This is caused by chemical reaction and is the nature of the material. It is clearly stated that this may happen and recommends two safety measures to protect yourself.
Answer #7
thanks everyone