Background and Facts

Faberge USA, Inc.(Faberge), manufactures Aqua Net, a hair spraythat is sold in an aerosol can. In addition to the hair holding spray,Aqua Net contains a mixture of butane or propane as the aerosolpropellant and alcohol as a solvent. Alcohol, butane, and propaneallare extremely flammable. Aerosol cans of Aqua Net carry awarning thatstates,"Donot puncture"and "Do not use near fireorflame."

Alison Nowak, a 14-year-old girl,tried to spray her hairwithanewly purchased can of Aqua Net. The spray valve would notworkproperly, so she cut openthecan with a can opener. She thoughtshe couldthenpour the contents into an empty aerosol bottle anduseit.Nowak wasstanding in thekitchen near a gas stove whenshepunctured the can. A cloud of hair spray gushed from the can,and the stove's pilot light ignited the sprayinto a ball of flame.She suffered severe, permanently disfiguring burns over20percent of her body. Nowak sued Faberge for damages under strictliability, alleging that Faberge failedto warn her of the dangers ofthe flammability of Aqua Net. The jury held against Faberge andawardedNowak$1.5million.Fabergeappealed.

Issue:

Did Faberge adequately warn the plaintiff of the flammability of Aqua Net?

Court's Reasining

Amanufacturerowesadutytoadequatelywarnusersofthedan

gerous propensities ofitsproducts.Aproduct isdefective ifit isdistributed without sufficient warnings to notify the ultimate userof the dangers inherent in the product. The trial court properlydeterminedto send thecaseto the jury for this determination.The court of appeals upheld the jury's verdict that Faberge's warningwasinadequate.

Decision and Remedy

Thecourt of appeals affirmed the district court's judgment thatFaberge had failed to warn the plaintiff of the dangers of flammabilityofitsproductandwasthereforestrictlyliable.

CaseQuestions

Critical Legal ThinkingShould the law recognizea failure to warnas a basis forimposing strict liability on manufacturers and sellersofproducts?Whyorwhynot?

Business EthicsDid Faberge violateitsduty of social responsibilityinthiscase?Explain.

Contemporary BusinessDo you think this case was decided properly?WhatelsecouldFabergehave donetoavoidliability?