Making Whipped Cream or Getting High: Product Misuse or a Failure to Warn?

(With Sandy Solano, Seton Hall University MBA, Controller Leland Gas Technologies)

Journal of Social Science Research

Vol. 8, No. 3, pp. 1672-1682 (July 2015)

http://www.jssr.com, jssr@cirworld.com/journals/index.php/jssr

ABSTRACT

This paper will consider several legal issues presented by this scenario:  Is the Whip-it! a defective product?  Is the manufacturer or the seller of the Whip-it! liable for not properly warning a prospective plaintiff about the dangers inherent in the use of the product?  Is Walter a “foreseeable” user of the product?  Has the plaintiff misused the product to such an extent that he or she would be unable to recover for any injuries?  Would any other defenses be potentially available to the defendant?  These questions will be analyzed in the context of Starn v. Smoke Island and Jenkins v. W.L. Roberts, Inc.

KEY WORDS: Products Liability; Defective Products; Failure to Warn; Whip-it!; Misuse; Assumption of Risk