Can someone sue me if they think they were harmed by an essentail oil I sold them if the oil was made and botled by someone(a co.) else.

Question Details: I would like to sell small bottles of essential oil along with another product I made. The bottle has a warning on it that explains cautions and how to use it correctly. The bottle warning clearly states not to drink it, that it is for external use only, etc. I have purchased the bottles of oil from a company that makes the oil and bottles it. Can I be sued if someone harms themselves by misusing the product e.g. they drink it.

Asked 11/5/2009 under Business | 180 View(s) | More Legal Topics

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Business Law Answers

Unfortunately, as the seller or distributor of the product, you are liable for injuries caused by the product.  This area of law is called products liability and anyone who had any role in the product whether it is manufacture, sale, distribution, etc. is liable for injuries caused by the product.  As for the warning that the product is only for external use and not to drink it, this provides you with a defense in this potential lawsuit of assumption of the risk.  Assumption of the risk in this case means that the person who drank the product recognized and understood the danger of drinking it and chose to do so anyway.

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