Question

Mrs. Wong purchased a “Frist Chemistry Set” for her eight-ear-old son, Alan. The set included instructions written in English, but not in Chinese, and did not indicate the age group for which the set would be suitable. While Mrs. Wong was reading the instructions, Alan proceeded to remove the lid on a bottle of chemicals and was severely burnt. Alan was hospitalised for two weeks.

Mrs. Wong also bought a bottle of “All-Kill” insecticide spray to kill cockroaches. She sprayed the insecticide in the kitchen, where there is a washing machine and it was on and running. An explosion occurred since the gas discharged from the spray became trapped in the washing machine and was ignited by electric sparks generated by the machine. There is caution labeled on the bottle that the product is “Poisonous, Flammable and should be kept out of reach of children”. Mrs. Wong got injured in her eyes.

Advise Mrs. Wong as to the manufacturers’ liability in both situations.

Answer 1

In the first situation that is the laibility of the manufacturer since no instructions relating to age group is mentioned. Here manufacturer is laible to pay damages to Mrs.Wong.

In case of second case, manufacturer is not laible for any damages caused since there is a clearer instruction on tge bottle that it is flammable.Its the mistake of Mrs.Wong to spray that insecticide in the kitchen when washing machine was in running.Hence manufacturer is not liable to pauy any damages.