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Maynard, O'Connor, Smith & Catalinotto, LLP

February 13, 2012

Firm is Successful in Defense of Products Liability Claim

Category: Firm News — admin @ 10:21 am

The firm was recently successful in defense of a products liability claim against a manufacturer of pool chemicals. The plaintiff maintained that when mixing the chemicals with water inside her home, she was exposed to noxious fumes and sustained respiratory injuries. The plaintiff sued the pool supply company who, in turn, commenced a third-party action against the manufacturer, claiming that the manufacturer was negligent in failing to include clearer instructions and warnings with the product. Robert Rausch moved to dismiss the third-party action, and argued that the plaintiff had testified that she had never read the packaging and instead relied on the instructions given to her by the pool supply company‚Äôs employee. Supreme Court granted the motion and agreed that if there were any deficiencies in the packaging, they could not be the proximate cause of plaintiff’s injuries.

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