Tuesday, August 22, 2006
No Duty to Warn on Hair Product Causing Death of Infant
The Michigan Supreme Court has ruled that the manufacturer of an "all natural" hair spray that caused an 11-month old chid to die had no duty to warn of such a danger. The Court found as a matter of law that that risk is obvious. The container did have a warning not to use it near sparks or open flames, but there was no warning not to inhale or taste the product or to keep it away from children. The majority concluded that Michigan law does not require that every possible injury be warned against. A scathing dissent proclaimed that the decision sounds the death knell for failure to warn cases in Michigan.