Question

A bottle of Shiny Home Floor Polish, which is poisonous, looks a lot like a bottle of Yummy Cola, a popular soft-drink, and comes in a soda-like bottle with an easily removable lid. The bottle has a warning that reads: “This product is poisonous. Keep out of reach of children.” Little Boo-Boo, three years old, finds a bottle of Shiny Home Floor Polish under the kitchen sink, easily pops the lid off, and drinks the contents of the bottle, making herself seriously ill. Could the makers of Shiny Home Floor Polish be strictly liable for Boo-Boo’s injuries? Please explain your answer. In irac method

Answer 1

Issue: Illness of the child due to misrepresentation of packaging  

Rules: As per unlawful killing rules, the individual or corporation must have not specified disclaimers or misrepresented facts about products for which he can be liable under unlawful killing

Analysis: Here, corporation gives complete disclaimer and representation of facts is fully discrete and well presented. Also the caution clearly mentions the usage and no copyright infringement is foreseen.

Conclusions : Hence corporation cannot be held guilty or liable for lossess in any manner as all legal rules have been complied. It is the buyers mistake and misrepresentation or misperceptions about products which led to an unfortunate result .