A company that runs a day camp for kids in Massachusetts is blaming Benjamin Moore for a fire on its property, alleging that the manufacturer’s stain products caused materials to combust.
According to the complaint filed in federal court in Massachusetts by New York firm CampGroup, the fire was caused by the “spontaneous combustion of materials containing the Benjamin Moore stain products” and happened after cleaning up after applying the stain.
The complaint alleges that Benjamin Moore did not provide adequate warnings and instructions on how to properly use, dispose of and store materials exposed to its stain products. The plaintiff maintains that the stain products were “defective and unreasonably dangerous” because of an alleged “propensity of self-heating and/or spontaneous combustion” if materials used in the application of the product are not disposed of properly.
The complaint accuses Benjamin Moore of negligence in its “duty to exercise reasonable care in the design, formulation, manufacture, distribution, testing, warning, labeling, packaging and instruction and/or sale of the subject stain products.” It also alleges breach of an impliedly warranty that the product be of merchantable quality and safe and fit for its intended use.
CampGroup says that the fire resulted in severe damage to its property in Lenox, Massachusetts, a camp run by its subsidiary Mah-Kee-Nac Operating Co., LLC. The fire forced the company to vacate the premises for a period of time for repairs.
The complaint does not cite a specific damages amount except to say it exceeds $75,000 and includes loss of the use and enjoyment of the Lenox property, as well as possible loss of business income. CampGroup also seeks interest, costs and attorney’s fees.
Benjamin Moore did not reply to a request for comment.
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