New York’s highest court onTuesday reinstated a restaurant employee’s product liability lawsuit filedagainst the makers of a drain cleaner.
The product liability lawsuit wasfiled by Yun Tung Chow against the manufacturer and distributor of Lewis RedDevil Lye. Chow filed the lawsuit after he was burned and blinded in one eyewhen the cleaner splashed on him as he was cleaning a clogged floor drain. Hislawsuit was dismissed before trial, but the New York Supreme Court overturnedthat ruling this week.
The defendants in the case claimthe restaurant manager failed to follow the product’s label instructions, whichdirect users to wear goggles and gloves. Chief Judge Jonathan Lippman ruled,however, that the heart of the claim is “knowing how dangerous lye is, was itreasonable for defendants to place it into the stream of commerce as a draincleaning product for use by a layperson?”
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