Nicole Mwesigwa, et al v. DAP, No. 10-1821 (8th Cir. 2011)
Annotate this CasePlaintiffs sued DAP, Inc. ("DAP") on behalf of herself and the decedent's minor children when decedent suffered second and third-degree burns on 80% of his body and ultimately died from an accident that occurred when he dropped a can of DAP Weldwood Gel Formula Contact Cement ("DAP cement") on the floor of his home and attempted to clean the spill which caused the DAP cement to ignite and caused a flash fire. At issue was whether the label on the DAP cement complied with the Federal Hazardous Substances Act ("FHSA"), 15 U.S.C. 1261, for failure to warn and whether the DAP cement label failed to exhibit adequate precautionary measures describing the action to be followed or avoided under section 1261(p)(1)(F). The court affirmed summary judgment and held that the risk of fire from an accident spill of DAP cement was not a principal hazard that the FHSA required the label to affirmatively make. The court also held that the FHSA did not require the DAP cement label to warn consumers against spreading the product after a spill as a precautionary measure.
Court Description: Civil case - torts. Risk of fire from accidental spilling of defendant's adhesive product was not a principal hazard that the Federal Hazardous Substances Act requires the product label to state affirmatively; nor did the Act require the product label to warn consumers against spreading the product after a spill as a precautionary measure.
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