The issue of transporting dangerous chemicals is a difficult one because the regulations change depending on the locality of the transport. In most cases, however, it is the transportation company that is responsible for the chemicals after they leave the production plant.
Principles of strict liability encompass virtually every type of injury caused by a manufacturer’s product. When the product is an identifiable object, such as an automobile or a household tool, conduct-related defenses, such as misuse, voluntary assumption of the risk, and contributory negligence, may apply. In the case of industrial chemicals, however, additional considerations are important. Two issues are unique to chemical litigation and are instances for which many courts have eliminated or qualified the manufacturer’s duty to warn:
-“Sophisticated user” considerations apply when the chemical is marketed through knowledgeable intermediaries, or is sold directly to persons who are aware of the dangers associated with product use
-“Bulk seller” issues arise in cases in which the product is sold en masse through distributors, who are then responsible for separating the chemical into containers for individual customers
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