Chow v. Reckitt & Colman, Inc.

950 N.E.2d 113 (2011)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Lewis Red Devil Lye (RDL) is 100% sodium hydroxide, a compound commonly known as lye. The product is sold as dry crystals, and it’s packaged and marketed to laypersons as a product that clears clogged drains. P was injured while using RDL to clear a clogged floor drain in the kitchen of a restaurant where he worked. P cannot read English and testified he never read the instructions and warnings printed on RDL's bottle. P learned how to handle RDL by following the examples of others he observed using the product. P would take one spoonful of RDL, add one cup of water, and then pour that solution down the clogged drain. Then, 'right after that,' he would flush the drain with water, and the drain would be clear. On the day of injury, P located the restaurant's bottle of RDL but found that there was little remaining in the bottle, so he put all that was left, approximately three spoonfuls, into a dry aluminum container. P poured roughly three cups of cold water into the container. He did not observe any reaction in the container as he walked four steps to the drain, bent at the waist, and poured the solution down the floor drain. The solution splashed back out of the drain and onto P's face. He sustained serious burns and ultimately lost sight in his left eye as a result of the splashback. P sued and D moved for summary judgment. P's handling of the product was not in accordance with the label's instructions and warnings. The label warns that splash back and serious injury may occur if RDL is not used as directed. Under 'DIRECTIONS FOR USE,' the label states that protective eyewear and rubber gloves are to be used when handling RDL, and the user is advised that one should 'NEVER POUR LYE DIRECTLY FROM CONTAINER INTO DRAIN.' Instead, a plastic spoon is to be used to dispense the product (the user is specifically advised to keep RDL 'away from contact with aluminum utensils'). One tablespoon is to be spooned into the clogged drain, then the user is to wait 30 minutes. After 30 minutes, the user may check to see if the drain is clear by 'adding several cups of COLD water.' If the drain is not clear the label advises that a repeat application should be attempted only once and if the drain continues to be clogged a plumber should be consulted. P appealed a summary judgment for D.