Case Defines "Product"


Ok, so it's not a major mass tort, but we couldn't resist mentioing this one. McGregor v. Scotts Co., No. 4:11-cv-00548 (E.D. Mo., 8/8/11). The case goes to a basic element of products liability law, the definition of the product.

Plaintiff’s complaint alleged that he purchased a bag of potting soil sold by defendant, and upon opening the bag and putting his hand in to scoop out some soil, his hand was bitten by a copperhead snake. In Count I, Plaintiff sought damages on a theory of strict liability. Defendant argued that Count I should be dismissed for failure to state a claim because plaintiff failed to state facts supporting an alleged design or manufacturing defect in the potting soil.

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