1250 Broadway, 27th Floor New York, NY 10001

ALL BOTTLED UP?

cooked_meat_bratwurst_bbq_photo_nyreblog_com_.JPGBrother Jimmy's BBQ entertained its customers with a "pyrotechnic display" which consisted of an employee pouring out a bottle of Bacardi 151 and igniting it.

One night the act went awry, and Lauren Sclafani sustained severe burns. When she later filed suit against Bacardi (and others) claiming that the bottle had been defectively designed and manufactured, the New York County Supreme Court denied the defendants' dismissal request.

On appeal, the Appellate Division, First Department, agreed that Sclafani had a viable claim. Even though there were warning labels on the bottles (which were equipped with "removable flame arresters") liability attached because the manufacturer specifically promoted the "pyrotechnic uses" which lead to the lady's injuries.

Fire away!

To view a copy of the Appellate Division's decision, please use this link: Sclafani v. Brother Jimmy's BBQ, Inc.

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