Products Liability

Virtually hot off the press is the Appellate Division, First Department’s decision in Chow v. Reckitt & Colman Inc.¹ (NYLJ, Jan. 7) Issued only on Jan. 5 of this new year, Chow is an interesting reminder that, whether the reader thinks he or she knows a lot or a little about the law of product design liability, one often needs to get back to some doctrinal basics about the subject in order to litigate such cases appropriately. And, even if one thinks he or she knows it all, a dose of some humility may be in order because even crackerjack judges can disagree about legal nuances and the application of the law to specific facts.

In Chow, the First Department panel split 3-2 in upholding a trial court’s grant of summary judgment to the products defendant. The plaintiff was blinded in one eye while using defendant’s product, a drain cleaner called “Lewis Red Devil Lye,” in an attempt to unclog a floor drain in the kitchen of a restaurant where he worked. The bottle’s label contained crucial warnings and directions which plaintiff did not read or ask others for assistance in reading. The warning advised users that the product should be used only as directed; that the user “must keep face away from can and drain at all times”; that “misuse may result in splash back and serious injury”; and that eye protection must be used.