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Question
BrightStrip sold a bathroom tile adhesive remover to consumers. Internal testing showed that using the remover in a small unventilated room could cause serious respiratory injury within 20 minutes unless the user opened windows and wore a respirator. The front label said, "Powerful solvent. Use carefully." The back label said, "Avoid prolonged exposure," but did not mention ventilation, respirators, small rooms, or respiratory injury.
Nora used the remover in a windowless bathroom for 30 minutes and suffered lung injury. She testifies that she read the label before use and would have opened the door, used a fan, and worn a respirator if warned. BrightStrip argues that the solvent smell was obvious and that the label told users to use the product carefully.
Analyze Nora's warning-defect claim and the causation issues.