Ming-Yu and her husband,Dan,ran a dry-cleaning company,which also provided a conventional "wash,fluff,and fold" laundry service to its customers.The laundry facilities were located at the rear of the building and consisted of several large-size washing machines and dryers.Also located in this part of the building was a standard floor drain into which spills would flow.The drain had been working poorly and a succession of plumbers and their various methods had not succeeded in making it work properly.Ming-Yu had become frustrated with the drain and purchased a liquid drain opener,"Drainthru." She poured two cups of the liquid into the drain and waited
On the bottle of the product appeared the following small print:
DIRECTIONS: Floor Drains - Use 8 oz.of contents and let stand for 5 minutes.Flush.Repeat if necessary.FOR YOUR OWN SAFETY: Contains sulphuric acid.Do not use where other drain chemicals are present.Avoid contact with eyes,skin and clothing.Do not breathe fumes.
The following morning,Ming-Yu saw no appreciable difference in the state of the drain.She purchased another drain opener,this time a tin of lye.After putting on rubber gloves,she pored two spoonfuls of the lye flakes into the drain and stirred it about.The lye container bore the following label:
GENERAL USES: For Clogged drains - insert 3 tablespoons of lye past the grid of the drain and add two cups of warm water.Let solution stand for 1/2 hour and then flush with boiling water.CAUTION: Contains Sodium Hydroxide.Avoid contact with eyes,skin and clothing.
There were no hazardous products symbols on either container of drain opener.Just as Ming-Yu had finished adding the lye into the drain,she noticed a strong burning odour.Suddenly a violent eruption occurred in the drain,spewing liquid out of the drain directly into Ming-Yu's face.The explosion was a result of combining the chemicals of the different drain openers in the trap of the drain.As a result,Ming-Yu was permanently blinded.
What action may Ming-Yu take in these circumstances? What is the nature of liability faced by the manufacturers of the two products?
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