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Products Liability Keyed to Fischer, 6th Ed.
Town of Bridport v. Sterling Clark Lurton Corp.
Citation:
166 Vt. 304, 693 A.2d 701 (1997)Facts
The Bridport Restoration Project Committee was restoring the town hall, which was owned by the plaintiff. Several Masons who leased the second floor decided to work on the floor. Robert Grant purchased gum turps and boiled linseed oil manufactured by the defendant. Grant admitted he did not read the labels “to any extent” but “briefed the label” for application instructions. Following a store clerk’s advice, he mixed the products in a 50/50 ratio. Grant and another volunteer, Gary Barkley, applied the mixture to the floor and cleaned it up with sawdust. When they left, they left behind a bucket containing wet, oily sawdust, the product containers, and possibly a mop. The building caught fire the next day, with the fire traced to these materials. Both products contained warnings about spontaneous combustion. The gum turps container stated “Be sure to wash and dispose of oily rags in a safe place to avoid spontaneous combustion,” while the linseed oil container warned “CAUTION: Oily cloths are subject to spontaneous combustion. All oily cloths should be spread to dry in airy spot or burned promptly after using.”
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