The owner of the company that makes Glooey Glue, Mr. Big, has come to you for advice. A customer in New York City, Mary Smith, used the glue to hold her hair in place when she ran out of her usual hair product. (She had some glue on hand that she used to help her son build model airplanes). She carefully read the warnings on the bottle before using it on her hair. The label warns against using on eyes, skin or clothing. It does not mention hair. After applying the glue, she experienced painful burning on her scalp. The glue then hardened, and she cannot remove it. Mrs. Smith called the Head of Glooey Glue’s Customer Service Department for instructions on how to remove the glue. When the Customer Service representative told Mrs. Smith he had never had this happen and didn’t know what to do, Mrs. Smith said she was going to hire a lawyer and sue Glooey Glue for damages. Mr. Big is consulting you for advice. Please advise him on the following: 1. What cause(s) of action could Mrs. Smith potentially bring? What would she allege? What damages might she seek? 2. What are Glooey Glues possible defenses? 3. Who is likely to win? Why?
