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Michigan court rejects open-and-obvious defense for 'natural' oil.

Publication: Trial
Publication Date: 01-MAR-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
The mother of a boy who died after drinking hair oil can sue the product's manufacturer and seller because she had no way of knowing that the oil, marketed as natural, could be poisonous.

Reversing a trial court decision, the Michigan Court of Appeals ruled that the hair oil did not present an "open and obvious" danger to the average user. (Green v. A.P. Prods., Inc., No. 249113, 2004 WL 2674217 (Mich. Ct. App. Nov. 23, 2004).)

In 1999, Cheryce Green purchased a bottle of Wonder 8 Oil, a hair and skin moisturizer. Among its listed ingredients were coconut oil, wheat germ oil, carrot oil, and vitamins. A...

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