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Boyl v. California Chemical Co.

United States District Court for the District of Oregon

221 F. Supp. 669 (1963)

Relevant factsFree

California Chemical Company (defendant) made a weed killer, Triox, containing sodium arsenite far more toxic to humans than rat poison. Boyl (plaintiff) sprayed Triox on her driveway and rinsed and emptied the bottle in her yard; five days later, unaware the area was contaminated, she lay there to sunbathe and absorbed the poison through her skin. The Triox label warned about direct-use hazards like skin contact during application but said nothing about disposal risks or the poison's lingering presence in soil. Boyl sued for negligent failure to warn.

IssueFree

Whether a manufacturer of a product carrying a high risk of human harm, sold to the general public, must provide specifications, instructions, and warnings sufficient to make the product reasonably safe not only for its intended use but also for other foreseeable, incidental uses.

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