Yun Tung Chow v. Reckitt & Colman, Inc.

950 N.E.2d 113, 17 N.Y.3d 29
CourtNew York Court of Appeals
DecidedMay 10, 2011
StatusPublished
Cited by38 cases

This text of 950 N.E.2d 113 (Yun Tung Chow v. Reckitt & Colman, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yun Tung Chow v. Reckitt & Colman, Inc., 950 N.E.2d 113, 17 N.Y.3d 29 (N.Y. 2011).

Opinions

OPINION OF THE COURT

Chief Judge Lippman.

Plaintiff, Yun Tung Chow, and his wife brought this products liability action against the defendant entities responsible for the manufacture, distribution and package design of a product sold under the brand name Lewis Red Devil Lye (RDL). Defendants moved for summary judgment, and Supreme Court granted the motion. The Appellate Division affirmed, with two Justices dissenting solely as to the propriety of summary dismissal of the defective design cause of action (69 AD3d 413 [1st Dept 2010]). Plaintiffs then appealed to this Court as of right (CPLR 5601 [a]). We conclude, in accordance with settled summary judgment and products liability principles, that a defendant moving for summary judgment in a defective design case must do more than state, in categorical language in an attorney’s affirmation, that its product is inherently dangerous and that its dangers are well known. Rather, to be entitled to summary judgment in such a case, a defendant must demonstrate that its product is reasonably safe for its intended use; that is, the utility of the product outweighs its inherent danger. Defendants failed to make such a showing here.

RDL is 100% sodium hydroxide, a chemical compound commonly known as lye. The product is sold in the form of dry crystals, and it is packaged and marketed to laypersons as a product that clears clogged drains.

Plaintiff was injured while using RDL to clear a clogged floor drain in the kitchen of the Manhattan restaurant where he [32]*32worked. Plaintiff cannot read English and testified through an interpreter that, although he had used RDL many times in the past, he never read the instructions and warnings printed on RDL’s bottle. Instead, he learned how to handle RDL by following the examples of others he observed using the product. Normally, he testified, he would take one spoonful of RDL, add one cup of water, and then pour that solution down the clogged drain. Then, “right after that,” he would flush the drain with water and the drain would be clear.

On the day in question, plaintiff noticed that the restaurant’s kitchen floor drain had become clogged. He located the restaurant’s bottle of RDL, but found that there was little remaining in the bottle, so he put all that was left, approximately three spoonfuls, into a dry aluminum container. Plaintiff then poured roughly three cups of cold water into the container. He did not observe any reaction in the container as he walked four steps to the drain, bent at the waist, and poured the solution down the floor drain. Immediately after plaintiff poured the solution down the drain, it splashed back out of the drain and onto plaintiffs face. He sustained serious burns and ultimately lost sight in his left eye as a result of the splash back.

As defendants stress, plaintiffs handling of the product was not in accordance with the label’s instructions and warnings. The label warns that splash back and serious injury may occur if RDL is not used as directed. Under “DIRECTIONS FOR USE,” the label states that protective eyewear and rubber gloves are to be used when handling RDL, and the user is advised that one should “NEVER POUR LYE DIRECTLY FROM CONTAINER INTO DRAIN.” Instead, a plastic spoon is to be used to dispense the product (the user is specifically advised to keep RDL “away from contact with aluminum utensils”). One tablespoon is to be spooned into the clogged drain, then the user is to wait 30 minutes. After 30 minutes, the user may check to see if the drain is clear by “adding several cups of COLD water.” If the drain is not clear the label advises that a repeat application should be attempted only once, and if the drain continues to be clogged a plumber should be consulted.

The Appellate Division was divided with respect to whether defendants were entitled to summary judgment on plaintiffs’ defective design claim, but it was unanimous in affirming summary judgment on plaintiffs’ strict products liability cause of [33]*33action based on an alleged failure to warn (69 AD3d at 416).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Seungook Kong v. Laundress, LLC.
2026 NY Slip Op 30727(U) (New York Supreme Court, New York County, 2026)
Matter of Kline
2025 NY Slip Op 31576(U) (New York Surrogate's Court, 2025)
Hempstead v. Hammer & Steel, Inc.
2025 NY Slip Op 00020 (Appellate Division of the Supreme Court of New York, 2025)
DeCaro v. Somerset Indus., Inc.
2024 NY Slip Op 03217 (Appellate Division of the Supreme Court of New York, 2024)
Sayegh v. City of Yonkers
2024 NY Slip Op 03065 (Appellate Division of the Supreme Court of New York, 2024)
LaScala v. QVC
162 N.Y.S.3d 383 (Appellate Division of the Supreme Court of New York, 2022)
Morales v. City of New York
2021 NY Slip Op 02386 (Appellate Division of the Supreme Court of New York, 2021)
Darrow v. Hetronic Deutschland GMBH
2020 NY Slip Op 1543 (Appellate Division of the Supreme Court of New York, 2020)
Sofia Fasolas v. Bobcat of New York, Inc
New York Court of Appeals, 2019
Hernandez v. Asoli
2019 NY Slip Op 2688 (Appellate Division of the Supreme Court of New York, 2019)
Conte v. Orion Bus Indus., Inc.
2018 NY Slip Op 3962 (Appellate Division of the Supreme Court of New York, 2018)
Ford v. Riina
2018 NY Slip Op 2894 (Appellate Division of the Supreme Court of New York, 2018)
Cordella v. Raymond of N.J., LLC
2018 NY Slip Op 2158 (Appellate Division of the Supreme Court of New York, 2018)
M.H. v. Bed Bath & Beyond Inc.
2017 NY Slip Op 7790 (Appellate Division of the Supreme Court of New York, 2017)
Vicuna v. O.P. Schuman & Sons, Inc.
298 F. Supp. 3d 419 (E.D. New York, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
950 N.E.2d 113, 17 N.Y.3d 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yun-tung-chow-v-reckitt-colman-inc-ny-2011.