If such a reaction is remote, yet foreseeable to the manufacturer, the severity of the reaction (death) dictates a warning. It is a known, material risk, and the burden of warning is outweighedby the severity of the harm.
There’s no warning on the package that it could result in death. The maker could be sued in products liability for negligent failure to warn.
There was a good case in Mass. against Tylenol. One possible reaction of Tylenol is that your skin could melt and fall off (not even really exaggerating). Very remote possibility, but so, so severe. Manufacture knew it was possible, didn’t warn because it was so remote. But such a serious injury makes the risk material to a consumer, and so there’s a duty to warn.
So I think this is the problem, the packaging says only for adults (these kids were obviously not adults), not for those sensitive to spicy food or with allergies to what I can assume are the main ingredients.
I know disclaimers are a bit woolly as to what can stand up in court, but what more should they have put:
Perhaps something like “this food may cause severe gastrointestinal distress or internal bleeding, which may contribute to pulmonary distress, which in some cases may lead to heart attack, stroke, or death.”
Maybe, just maybe we should put our pitchforks away until we know if the chip mentioned is responsible?
But… my pitchfork?
Are you saying we shouldn’t put all our chips in one basket?
Or not to count the chips before they hatch?
What about my chipfork?
Or you know we can use common sense and respect that there is simply no way the chip didn’t at least contribute.
Uh, I mean, you can die at any one time without anything directly causing it. So no, it’s not necessarily common sense.
And spicy foods, even very spicy ones, are consumed daily without too much medically bad happening… certainly not more than, say, eating peanuts.
Is it the chip’s fault if this turns out to be an allergic reaction or something like that?
If such a reaction is remote, yet foreseeable to the manufacturer, the severity of the reaction (death) dictates a warning. It is a known, material risk, and the burden of warning is outweighedby the severity of the harm.
There’s no warning on the package that it could result in death. The maker could be sued in products liability for negligent failure to warn.
There was a good case in Mass. against Tylenol. One possible reaction of Tylenol is that your skin could melt and fall off (not even really exaggerating). Very remote possibility, but so, so severe. Manufacture knew it was possible, didn’t warn because it was so remote. But such a serious injury makes the risk material to a consumer, and so there’s a duty to warn.
So I think this is the problem, the packaging says only for adults (these kids were obviously not adults), not for those sensitive to spicy food or with allergies to what I can assume are the main ingredients.
I know disclaimers are a bit woolly as to what can stand up in court, but what more should they have put:
Perhaps something like “this food may cause severe gastrointestinal distress or internal bleeding, which may contribute to pulmonary distress, which in some cases may lead to heart attack, stroke, or death.”
A warning would help sales too.
Arguably. Fools and their money, etc.