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Who might be liable in this situation?
-We installed a solid PVC decking material onto a brand new deck we built..
-Somebody standing on the deck used an aerosol type sunblock product on their feet and legs
-The falling excess sunblock product landed on the decking material and by some chemical incompatibility altered the color of the decking material on the surface, it cannot simply be cleaned off.
1. If neither the decking manufacturer or the sunblock manufacture warned of the incompatibility are they liable for the damages to the deck?
2. If the decking manufacturer warned to check the labels of sunblock could the manufacturer of the sunblock be liable since they didn't warn the consumer to keep it away from plastics?
3. If none of the parties were aware of the incompatibility would anybody be liable for the damages to the decking?
Thats a god point, however I feel that this isnt comparable to paint since it wasnt directly applied to the deck surface. It was used as a reasonable person would use sunblock in that they sprayed it onto their body wherever they were standing when they decided to put it on.
To clarify more, In the paint example, the paint was introduced to the pond by a method not consitent with the normal use of the product, as in it, accidentally fell from your ladder, with the sunblock, the application to the deck was a product of using it as it was intended to be used.
1 Answer
- Tin-GodLv 77 years agoFavorite Answer
it does not say on a tin of gloss paint, do not put this paint into a fish pond because its likely to kill off all your fish
so would the firm that made the paint be responsible if I was painting my guttering and dropped my tin of paint in my garden fish pound
the answer is no would it hell, it would be my fault
