In a recent Supreme Court, New York County decision,1 Justice Emily Goodman addressed several issues under the law of products liability, including the required elements of a proper cause of action based upon a design defect and a manufacturer’s responsibility for injuries where its product has been substantially altered or put to an unintended use. The decision demonstrates how all four Appellate Division departments have put a gloss on the New York Court of Appeals’ holding concerning substantial modification to a product in Robinson v. Reed-Prentice.2
The plaintiff in the recent case, Lauren Sclafani, alleged that she sustained severe burns at a bar/restaurant when a bartender poured 151 proof rum (75.5 percent alcohol) onto the bar and ignited it for the purpose of entertaining patrons. The flames on the surface of the bar ignited the contents of the bottle of rum, which shot out of the bottle and burned the plaintiff.3
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