Warning Labels
Over the past number of years a number of Irish cases have dealt with the issue of warning labels on products (mostly in connection with flammable clothing.) While developed in the context of negligence, they seem likely to inform future court judgments in terms of what constitutes a suitable presentation of a product.
In O'Byrne v Gloucester the plaintiff, a young girl, was standing next to an indoor heater when her cotton dress caught fire, burning her badly. The defendants were found guilty of negligence, in that they failed to avoid a grave and foreseeable risk by taking the easily affordable precaution of affixing a warning to the dress.
According to the decision in Cassells v Marks and Spencers, a producer of a flammable garment, need only give a basic warning. As McGuinness J said:
"In addition, I find it somewhat difficult to follow the logic of the argument asserted on behalf of the plaintiff that a warning “KEEP AWAY FROM FIRE” merely “tells people what they know already” and is too bland. The warning clearly indicates that the garment is made of flammable material - otherwise there would be no need for the warning."
Read more about this topic: Liability For Defective Products Act 1991, Liability For Defective Products Act, 1991, Defects
Famous quotes containing the words warning and/or labels:
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—Richard Steele (1672–1729)
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—Mary Kay Blakely (20th century)