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Failure to Warn – Causation

By: Derek Hawkins//November 28, 2016//

Failure to Warn – Causation

By: Derek Hawkins//November 28, 2016//

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7th Circuit Court of Appeals

Case Name: Juan Suarez et al v. W.M. Barr & Company, Inc.

Case No.: 15-3602

Officials: WOOD, Chief Judge, and FLAUM and WILLIAMS, Circuit Judges.

Focus: Failure to Warn – Causation

Juan Suarez used Goof Off, an extremely flammable product made by W.M. Barr, to remove paint from a basement floor. While doing so, a fire erupted in the basement and severely burned him. Juan and his wife sued Barr, alleging failure to warn and defective design under Illinois law. The Suarezes appeal the district judge’s grant of summary judgment in Barr’s favor. We conclude that the district judge appropriately rejected the Suarezes’ failure‐to‐warn claim. The warning label on the Goof Off can adequately identified the product’s principal hazards, as well as the precautionary measures to be taken while using the product. However, we reverse and remand the district judge’s rejection of the Suarezes’ design defect claims under both strict liability and negligence. The Suarezes have adequately shown that the fire may have been caused by static sparks created when Juan agitated Goof Off with a brush as the warning label instructed. So a genuine factual issue exists as to whether an ordinary consumer would expect a fire to erupt under these circumstances, whether this risk outweighs the benefits associated with Goof Off, and whether Barr should have known that agitating Goof Off could have created static sparks sufficient for ignition.

Affirmed in part

Reversed and remanded in part

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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