Ingrid 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. Ingrid 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, Ingrid 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 poured 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 Ingrid 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 Ingrid'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, Ingrid was permanently blinded.
What action may Ingrid take in these circumstances? What is the nature of liability faced by the manufacturers of the two products?
C.C.L.T. 195.

Question

Quizplus · Accepted Answer

The Answer of Ingrid 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. Ingrid 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, Ingrid 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 poured 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 Ingrid 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 Ingrid'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, Ingrid was permanently blinded.
What action may Ingrid take in these circumstances? What is the nature of liability faced by the manufacturers of the two products?
C.C.L.T. 195.

Ingrid and Her Husband, Dan, Ran a Dry-Cleaning Company, Which