Question

Z company is the manufacturer of butane lighter fluid. Z produces and sells the lighter fluid in cans. A warning on the cans states do not breathe spray. Joe, a 15-year-old male, Purchased Z brand lighter fluid and purposely huffed (breathed) the lighter fluid in order to produce a high. Unfortunately, Joe died as a result of huffing Zs product. Select one: O a. There is no way that Z company can have any liability for Joes death because the product was properly made. O b. Z company will be liable for Joes death because butane lighter fluid is always unreasonably dangerous to a user or consumer. c. Z company will be liable for Joes death because packaging the butane lighter fluid in cans makes the product unreasonably dangerous. O d. Z company may be liable for failing to provide an adequate warning about the dangers of butane inhalation. O e. Strict liability means that the company will be liable to anyone injured by its product for any reason whatsoever.

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Answer #1

d) Z company may be liable for failing to provide an adequate warning about the dangers of butane inhalation.

The warning could have included that breathing the spray can lead to death

There are warning requirements for products; inadequacy of these can lead to liability

  • Failure to warn of inherent, potential danger
  • Failure to provide instructions on safe use of products
  • Failure to provide adequate information on safe use of products
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