The plaintiffs sign was given St. Joseph’s aspirin for children when he had the

Question

The plaintiffs sign was given St. Joseph’s aspirin for children when he had the flu. The aspirin triggered Reye’s syndrome, leaving the child a quadriplegic, blind, and mentally retarded. The aspirin contained a warning, approved by the food and drug administration, about the dangers of giving aspirin to children with the flu. The product was advertised in Spanish in the Los Angeles area, but the warning was not in Spanish. The child’s guardians could not read English. Do you believe the court impose liability on the company for failure of its duty to warn? Why or Why not?

[Ramirez v. Plough, Inc., 25 Cal. Rptr. 2d (1993).]

Explanation / Answer

YES THE COURT WILL IMPOSE LIABILITY ON THE COMPANY FOR FAILURE OF ITS DUTY TO WARN.IT IS THE RESPONSIBILITY OF THE COMPANY TO ADVERTISE ALL NECESSARY FEATURES OF A PRODUCT WHICH MAY HARM ANY ONE, IN SUCH A WAY THAT IT REACHES TO EACH AND EVERY PROBABLE CUSTOMER OF IT.IN THE GIVEN CASE PRODUCT WAS ADVERTISED IN SPANISH BUT THE WARNING ABOUT THE DANGER OF GIVING ASPIRIN TO CHILDREN WITH THE FLU WAS NOT IN SPANISH AND THE CHILD'S GUARDIANS COULD NOT READ ENGLISH.IT WOULD BE ASSUMED THAT THE COMPANY HAS KNOWINGLY NOT GIVEN THE WARNING IN SPANISH AND HAS A CRIMINAL MIND BEHIND.

Related Questions

Navigate

• Browse (All)
• Browse T
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.