Brief Fact Summary.
Pillars filed a products liability suit against R.J. Reynolds Tobacco Co. when Pillars was poisoned after ingesting chewing tobacco that contained a human toe.
Synopsis of Rule of Law.
The manufacturer of a product can be held liable to the consumer for the negligent production of a product.
We can imagine no reason why, with ordinary care human toes could not be left out of chewing tobacco, and if toes are found in chewing tobacco, it seems to us that somebody has been very careless.
View Full Point of LawPillars was poisoned after ingesting chewing tobacco that contained a human toe. The tobacco was manufactured by R.J. Reynolds Tobacco Co. (R.J.). Pillars filed a products liability suit against R.J. Reynolds Tobacco Co. and the trial court issued a directed verdict to R.J.
Issue.
Whether the manufacturer of a product can be held liable to the consumer for the negligent production of a product?
Held.
Yes. R.J. can be held liable for the negligent manufacture of the chewing tobacco because although tobacco is not a food, chewing tobacco is ingested through the mouth.
Discussion.
The manufacturer of a product can be held liable to the consumer for the negligent production of a product.