17 N.Y.3d 29 (2011)

A defendant moving for summary judgment in a defective design case involving an inherently dangerous product must demonstrate that the product is reasonably safe for its intended use, meaning its utility outweighs its inherent danger.

Summary

Yun Tung Chow sued Reckitt & Colman, Inc. for injuries sustained while using Lewis Red Devil Lye (RDL), a 100% sodium hydroxide drain cleaner. Chow, unable to read English, used the product incorrectly, resulting in severe burns and loss of sight in one eye. The defendants were granted summary judgment at the Supreme Court level, which was affirmed by the Appellate Division. The Court of Appeals reversed, holding that the defendants, in seeking summary judgment on a defective design claim, failed to demonstrate that the product’s utility outweighed its inherent danger. The Court clarified that simply stating the product is inherently dangerous is insufficient; the defendant must prove the product is reasonably safe for its intended purpose.

Facts

Plaintiff, Yun Tung Chow, an employee at a restaurant, used Lewis Red Devil Lye (RDL) to unclog a drain. Chow was unable to read English and had learned how to use RDL by observing others. On the day of the incident, he mixed approximately three spoonfuls of RDL with roughly three cups of cold water in an aluminum container. He then poured the solution down the drain, which immediately splashed back onto his face. He sustained serious burns, resulting in the loss of sight in his left eye. The product’s label contained warnings and instructions for use, including the use of protective eyewear and gloves, advising against pouring the lye directly from the container into the drain, and specifying the use of a plastic spoon.

Procedural History

The Supreme Court granted summary judgment in favor of the defendants. The Appellate Division affirmed the Supreme Court’s decision, but with a divided court on the defective design claim. Plaintiffs appealed to the Court of Appeals as of right based on the dissent in the appellate division. The Court of Appeals reversed the Appellate Division’s order, denying the defendant’s motion for summary judgment.

Issue(s)

Whether, in a defective design case involving an inherently dangerous product, a defendant moving for summary judgment must demonstrate that the product is reasonably safe for its intended use by proving its utility outweighs its inherent danger.

Holding

Yes, because a defendant moving for summary judgment in a defective design case must demonstrate that its product is reasonably safe for its intended use; a mere statement that the product is inherently dangerous is insufficient to warrant summary judgment.

Court’s Reasoning

The Court of Appeals reasoned that a product is defectively designed if its utility does not outweigh the danger inherent in its introduction into the stream of commerce. The Court emphasized that while RDL is undeniably dangerous, the defendants failed to demonstrate that its utility as a drain cleaner for laypersons outweighs the inherent risks. The Court stated that “a mere statement in an attorney’s affirmation in support of a motion for summary judgment to that effect does not result in a shift of the burden to plaintiff to then explain how RDL could be made safer.” The court also found that the plaintiff’s mishandling of the product was not the sole proximate cause of his injuries because a fact-finder could conclude that the product was so inherently dangerous that it should never have been marketed for use by a layperson. The court cited the risk-utility analysis, noting factors such as the product’s utility to the public, the likelihood of injury, and the availability of a safer design. The court noted, “Liability attaches when the product, as designed, presents an unreasonable risk of harm to the user”. Because the defendants failed to demonstrate that RDL was reasonably safe for its intended use, they were not entitled to summary judgment. The Court emphasized, even with adequate warnings, a product may be so dangerous, and its misuse so foreseeable, that a fact finder could reasonably conclude that the utility of the product did not outweigh the risk inherent in marketing it.