this post was submitted on 11 Sep 2023
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The hot pepper linked to teen's death can cause arteries in the brain to spasm.

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[–] [email protected] 4 points 1 year ago (1 children)

Is it the chip's fault if this turns out to be an allergic reaction or something like that?

[–] [email protected] -3 points 1 year ago* (last edited 1 year ago) (2 children)

If such a reaction is remote, yet foreseeable to the manufacturer, the severity of the reaction (death) dictates a warning. It is a known, material risk, and the burden of warning is outweighedby the severity of the harm.

There's no warning on the package that it could result in death. The maker could be sued in products liability for negligent failure to warn.

There was a good case in Mass. against Tylenol. One possible reaction of Tylenol is that your skin could melt and fall off (not even really exaggerating). Very remote possibility, but so, so severe. Manufacture knew it was possible, didn't warn because it was so remote. But such a serious injury makes the risk material to a consumer, and so there's a duty to warn.

[–] [email protected] 7 points 1 year ago (2 children)

So I think this is the problem, the packaging says only for adults (these kids were obviously not adults), not for those sensitive to spicy food or with allergies to what I can assume are the main ingredients.

I know disclaimers are a bit woolly as to what can stand up in court, but what more should they have put:

[–] [email protected] -4 points 1 year ago (2 children)

Perhaps something like "this food may cause severe gastrointestinal distress or internal bleeding, which may contribute to pulmonary distress, which in some cases may lead to heart attack, stroke, or death."

[–] [email protected] 6 points 1 year ago (1 children)

There's currently no reason to think any of that happened. Cause of death - unknown.

[–] [email protected] 2 points 1 year ago (1 children)

A warning would help sales too.

[–] [email protected] -1 points 1 year ago

Arguably. Fools and their money, etc.