34. The federal Food and Drug Act provides that any poisonous substance must be marked with the...
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34. The federal Food and Drug Act provides that any poisonous substance must be marked with the word “poison” and with a skull and crossbones at least one-half inch high. Cleaner Co., a manufacturer of various household cleaners, sells DeClog, a very powerful chemical for unclogging drains. Cleaner sells DeClog in a clear plastic bottle which exposes the substance’s attractive cherry-red color, similar to the color of Hawaiian Punch. On the bottle, Cleaner includes the required “poison” and skull and cross-bones markings, but takes no other child-proofing precautions. Child, who is two years old, finds a bottle of DeClog underneath the kitchen sink, drinks it, and is horribly wounded. Child sues Cleaner, and Cleaner defends on the grounds that it complied with all applicable warning statutes (a correct assertion). Does Cleaner’s statutory compliance bar Child’s negligence suit? _________________
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