ABSTRACT
During the course of the lawsuit's development stages, the plaintiff learned that Boysin manufactured and sold a nonflammable cement sealer product. The nonflammable product is called Boysin Hard Clear Water-Based sealer. Both products contain the same resin used to seal cement floors, and, according to the manufacturer and its representatives, the water-based product produces the same sealing performance as the solvent-based product. A fundamental principle of safety is that manufacturers should analyze their products to determine whether there are foreseeable hazards associated with their uses and misuses. When Mr. Tobosky purchased the Boysin Clear Volatile Organic Compound (VOC) product on May 18, 2010, the principal safety information he relied on was the label attached to the five-gallon container. The alternate warning addresses several of the shortcomings of the label on the Boysin Clear VOC product. While it is not comprehensive, it demonstrates what could be done fairly simply and quickly. It is more understandable than the original.
