HOME IMPROVEMENT RETAILER WINS SUMMARY JUDGMENT IN PRODUCT LIABILITY SUIT

October 5, 2005 Syosset, New York

On behalf of its client, a large home improvement retailer, Simmons, Jannace & Stagg recently won summary judgment and the dismissal of a complaint in a case filed by a woman claiming she developed an illness as the result of her ingestion and inhalation of a wood finisher purchased at the retailer's store. Plaintiff alleged that she purchased the wood finisher at her contractor's direction and that it was applied to her bedroom floor. Plaintiff claimed she started to feel sick several weeks later.

The firm moved to dismiss plaintiff's complaint on the grounds that the warnings contained on the wood finisher were in conformity with the Federal Hazardous Substances Act ("FHSA") since the label disclosed various risks associated with applying the product in an improperly ventilated manner. The court held that the label complied with the FHSA because the front panel directed the user to additional precautions on the back of the container, and also because the statements on the back of the panel were sufficiently conspicuous and explicit regarding the risks of vapor inhalation.

To review the court's decision click here