Kenser v. Premium Nail Concepts, Inc.Annotate this Case
Plaintiff, who operated a nail salon, used a liquid acrylic nail product repackaged and distributed by Premium Nail Concepts, Inc. (PNC). After Plaintiff was diagnosed with a sensitization to ethyl methacrylate, a chemical ingredient contained in the PNC nail product Plaintiff used, Plaintiff filed a products liability claim against PNC. The jury ruled in favor of PNC, determining that PNC’s nail product was not in a defective condition because of a manufacturing defect, design defect, or inadequate warning. The Supreme Court reversed, holding that the district court abused its discretion in (1) allowing PNC to present expert testimony that its product was “safe as used” when skin contact is avoided; (2) denying Plaintiff the right to cross-examine the expert witness who proffered this evidence; (3) instructing the jury on the meaning of “safe as used”; and (4) refusing to instruct the jury that skin contact with the PNC product is common in the nail industry.