posted on Apr, 22 2013 @ 11:23 AM
Thanks the thread. It is a shame that there are these types of warnings on labels, like we are lacking some serious common sense.
But then we read of cases such as the following
Ferlito v. Johnson & Johnson Products, Inc.
Ferlito v. Johnson & Johnson Products, Inc.(E.D.Mich.)
Facts. Susan and Frank Ferlito were invited to a Halloween party. They decided to
attend as Mary (Mrs. Ferlito) and her little lamb (Mr. Ferlito). Mrs. Ferlito constructed a
lamb costume for her husband by gluing cotton batting manufactured by Johnson &
Johnson Products, Inc. (JJP) to a suit of long underwear. She used the same cotton batting
to fashion a headpiece, complete with ears. The costume covered Mr. Ferlito from his
head to his ankles, except for his face and hands, which were blackened with paint. At the
party, Mr. Ferlito attempted to light a cigarette with a butane lighter. The flame passed
close to his left arm, and the cotton batting ignited. He suffered burns over one third of his
body. The Ferlitos sued JJP to recover damages, alleging that JJP failed to warn them of
the ignitability of cotton batting. The jury returned a verdict for Mr. Ferlito in the amount
of $555,000 and for Mrs. Ferlito in the amount of $70,000. JJP filed
a motion for judgment notwithstanding the verdict (j.n.o.v.).
And I guess people didn’t learn the lesson. In 2010 this happened
Rabindranath v. Wallace (2010)
Peter Wallace, 24, was returning on a train with fellow Hiberinian soccer fans in England — many dressed in costumes (which the English call
“fancy dress.”) One man was dressed as a sheep and Wallace thought it was funny to constantly flick his lighter near the cotton balls covering his
body — until he burst into flames. Friends then made the matter worse by trying to douse the flames but throwing alcohol on the flaming man- sheep.
Even worse, the victim Aberdeen supporter Arjuna Rabindranath, 24, is an Aberdeen soccer fan. Rabindranath’s costume was composed of a white
tracksuit and cotton wool.
Outcome: Wallace is the heir to a large farm estate and agreed to pay damages to the victim, who experienced extensive burns.
What is fascinating is the causation issue. Here, Wallace clearly caused the initial injury which was then made worse by the world’ most dim-witted
rescue attempt in the use of alcohol to douse a fire. In the United States, the original tortfeasor is liable for such injuries caused by negligent
rescues. Indeed, he is liable for injured rescuers. The rescuers can also be sued in most states. However, many areas of Europe have good samaritan
laws protecting such rescuers. Notably, Wallace had a previous football-related conviction which was dealt with by a fine. In this latest case, he
agreed to pay 25,000 in compensation.
The conclusion is that to protect themselves, companies place these warnings on labels. The sad thing is that the ridiculous ones we have seen can
probably be linked to an attempted lawsuit.
Now I am just taking a guess here, but the “Do Not Use Hair Dryer While Sleeping” could have been from someone who did this while
sleepwalking……You never know