One of my friends called me with a strange legal question the other day. He's the sales rep for a new flip-flop company. As you know, flip-flops often contain rubber. The question went like this:
Do you know of any tort where someone can sue if a flip-flop melts and gets stuck to the bottom of your foot? You know, like if you're sitting by a fireplace or something and the rubber catches fire and melts? Can they sue for that?
Feel free to post your responses.
Comments (2)
The answer, as you may have guessed, is - it depends. It sounds like he's asking about a products liability issue. There may be a claim for defective product if the rubber melts in an environment where the industry standard does not. Additionally, if there is a defective product, there could be a claim for negligence per se, as they are the entity best in position to discover the defect. I would avoid any claims for breach of express or implied warranty, though with respect to implied warranty, it again depends on the circumstances. If the soles melted in an environment where most soles would not, then there could be a claim for breach of implied warranty of fitness for a particular use, but that seems to be stretching it to me.
All this is based on about 2 minutes of thought and is not intended to be taken as giving legal advice.
Posted by Steve | October 9, 2008 6:54 AM
Posted on October 9, 2008 06:54
I agree with your analysis, though of course my agreement with your analysis is not in any way intended as legal advice and should not be taken as such.
That said, the short answer to my friend's question is, clearly, "probably." My canned answer for legal questions like that from friends is, "Anyone with a filing fee and the will to make your life miserable can sue you. So be prepared."
Posted by particleman | October 10, 2008 9:50 AM
Posted on October 10, 2008 09:50