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Spray Paint and Aerosol Cans May Explode Causing Serious Injuries

Spray Paint and other aerosol products are extremely dangerous household products. In January 2015, a Maine woman was rushed to the hospital after sustaining serious injuries when a spray paint can exploded in her garage, according to the firefighters who responded to the scene. A preliminary investigation revealed that the spray paint was being used near a space heater.

Further, even without the presence of a source of heat or fire, some experts believe that spray paint cans can spontaneously explode because of a manufacturing defect in the design of the can. In 2012, a New Jersey lawsuit was filed on behalf of a quality control inspector whose duty it was to tag concrete slabs with spray paint before the slabs were shipped. When the man shook the can in preparation to spray, the can exploded. The man suffered severe injuries to his face and eye. An expert who studied the facts of this incident concluded that the spray paint can exploded due to a design/manufacturing defect in the lower neck of the can that caused it to rupture when shaken.[1]

It is the duty of a manufacturer to properly design and manufacture a product so that it will be safe for its foreseeable uses. If a danger cannot be avoid in the design of the product, then the manufacturer needs to properly and adequately warn the users to store and use the product away from heat, sparks, or an open flame. The instructions should alert the user to the dangers of pilot lights and appliances which use a pilot light. Also, if the product cannot be formulated to avoid these dangers, the consumer needs to be adequately warned about long-term exposure to sunlight, stoves, hot water, radiators, or anything else that may cause the can to ignite; and what ‘long term’ means for the product. The warnings should instruct how to use the product to avoid puncturing the burn spray paint cans. Warning should also inform the consumer about proper disposal of a spray paint can and not throw it in a trash compactor.

If you have been injured due to a defective can of spray paint or any other dangerous or defective product, do not hesitate to contact one of the experienced attorneys at Swartz & Lynch LLP. You may be entitled to compensation for the injuries you have incurred.

[1] *See* *Plasencia v. Orgill, Inc.*, 2012 WL 819063 (D.N.J. 2012).

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