A 30-year-old housewife with a history of asthmatic and allergic conditions, for which she had previously received treatment, including yearly hay fever shots, bought a can of spray paint to use on a metal cabinet in her kitchen.


Following the directions on the label, she opened the kitchen door and windows, so that the work area was well ventilated. That evening the plaintiff suffered from tightness in the chest, and a week later she again developed tightness in the chest after spraying her cabinet a second time. Her complaints gradually worsened and she suffered an asthmatic syndrome aggravated by a chemical reaction to the spray paint. The paint can carried no warnings as to its use nor any warnings about sensitivity to allergies.

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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