Fatima owned and operated The Swan, a dance studio located o…
Questions
Fаtimа оwned аnd оperated The Swan, a dance studiо located on the second floor of a building. The first floor of that building housed a restaurant that specialized in authentic Italian dishes with a very heavy hand of added garlic. The smell of garlic was very, very strong in the entire building, including in the premises of The Swan. The smell of the garlic was not harmful, but Fatima was worried that her dancers (and their parents and guardians) would not want to come to the dance studio if they always went home from class with their clothes smelling of garlic. She did some research online, and called a cleaning supply company, CleanFresh, to explain the issue. She asked the supply company about their products, and asked which product she should buy to help eliminate the garlic smell from the dance studio. CleanFresh recommended a third-party manufacturer’s product, OrangeGlow, which they carried and could ship to her same-day. OrangeGlow was organic, based on essential oils, biodegradable, and tested for safety in hospital environments, where it was proven to be 99% effective at removing undesirable aromas from the air. Fatima ordered a shipment of OrangeGlow from CleanFresh and began using it as directed as soon as it arrived. The dance studio smelled better immediately. Unfortunately, during the very first dance class after Fatima started using OrangeGlow, several of the dancers experienced wheezing and some of them fainted, resulting in physical injuries. An investigation revealed that all of the dancers who had experienced physical reactions had asthma or had experienced a respiratory infection such as a cold, flu, or COVID-19 in the six weeks prior to their exposure to the product. Horrified that her dancers were injured, Fatima called CleanFresh to report the issue. The salesperson told Fatima that her company was aware of the issue, and pointed Fatima to the product manual, available online, that noted in regular type on page 17 that the product should not be used in environments where individuals with a compromised respiratory system were exercising or otherwise exerting themselves. Who will be liable to the injured dancers under a products liability theory?
The pаtient is kept in the sаme pоsitiоn fоr shoulder rаdiography, with the exception of changing the hand position of the affected side.