Law, Business, and Society 9th Edition by Tony McAdams

Exercise 27

Alison Nowak, a 14-year-old girl, tried to spray her hair with Aqua Net. Because the spray valve on the recently purchased aerosol can would not work properly, she punctured the can with an opener. She was standing in her kitchen near a gas stove at the time, and the cloud of spray that gushed from the can ignited. She was severely burned. Nowak sued Faberge, the maker of the spray, on strict liability grounds. Although the back of the can contained the warnings, "Do not puncture," and "Do not use near fire or flame," the jury determined that Faberge had not adequately warned of the fire hazard and awarded her $1.5 million. Faberge appealed. Decide. Explain. See Nowak v. Faberge USA Inc., 32 F.3d 755 (3d Cir. 1994).