Panel allows suit over flaming rum to proceed.

Affirming a lower court's order refusal to dismiss the case against the a liquor manufacturer, a state appeals panel ruled that a woman, who was burned when an Upper West Side bartender used Bacardi 151 rum for a pyrotechnic display, can go ahead with a lawsuit against the maker of the high-proof beverage. The plaintiff alleged that, although Bacardi put a warning label on the rum stating it was highly flammable, the defendant had promoted its use in flaming drinks and had installed a flame arrester in the bottle that a bartender could easily remove. Bacardi argued that it could not be liable for the bartender's actions. The First Department panel disagreed, stating, "The motion court properly concluded that under the circumstances, plaintiff has viable claims for both negligence and strict liability based on defective design."

Case Law Alert - 1st Qtr 2012