A young boy received a model racing car in the mail as a premium from a soft-drink manufacturer.

The starter mechanism of the car threw off sparks which ignited the vapors of the racing fuel, causing a flashback explosion of the fuel can. Neither the soft-drink firm nor the manufacturer of the racing car had ever run tests on the flammability of the fuel or on the suitability, from the standpoint of safety, of the fuel when used in the miniature car. The fuel manufacturer’s liability was based on negligent design of the can and failure to equip it with a flashback arrestor. The car manufacturer’s liability was based on the design of the starter system and negligence in marketing as a toy, a product used with explosive fuels.[37]

About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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