GUADALUPE v. DRACKETT PRODS. CO.


253 A.D.2d 378 (1998)

676 N.Y.S.2d 177

Primitiva Guadalupe, Appellant, v. Drackett Products Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

August 13, 1998


Plaintiff attempted to unclog a drain by pouring a third of a can of "Crystal Drano" into a glass jar and adding "very hot water". The combination violently erupted, causing plaintiff to suffer serious burns to her chest and other parts of her body. While defendants did not meet their burden of proof to demonstrate that the labeling on the can complied with the Federal Hazardous Substances Act (see, 15 USC § 1261 [p] [1]) so as to preclude a State law misbranding...

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