Talon-G is a rat poison made by ICI Americas and sold only to professional pest con- trol companies. The poison was registered by the EPA and packaged in a container with EPA-approved labeling that displayed warnings cautioning users to keep it out of the reach of children, that it might be harmful or fatal if swallowed, and to store it in its origi- nal container in a location inaccessible to children. ICI could have-but didn't-make the poison safer by adding an emetic that would cause any human ingesting it to immedi- ately vomit, thereby expelling the poison (rats do not have a vomit re?ex). Alternatively, ICI could have added bitrex, an aversive agent used in a variety of products since the late 1970s that makes the poison taste bad to children but would not keep rats from eating it.
a. Assume that an exterminator stores leftover Talon-G in an unmarked container. A nine-year-old child ?nds and eats the poison, thinking it is candy. Several days later, the child dies. On what basis might the child's family bring a lawsuit?
b. What defenses might be raised?
c. Assuming that the labels met EPA requirements for warning labels, are there policy reasons for refusing to allow a suit against ICI? See Banks v. ICI Americas, Inc. 45 S. E.2d 671 (Ga. 1994).
d. Internet Assignment Check https://www.epa.gov to ?nd out about the EPA Consumer La- beling Initiative. Is this a good strategy for minimizing harm to humans from danger- ous products? What else might be needed?