MILWAUKEE (CN) - A can of Great Stuff expanding foam sealant exploded into a man's face and expanded inside his nose and right ear, he claims in court.
Willis Crouch sued Home Depot, where he bought the Great Stuff, and Dow Chemical, which makes it.
Crouch bought a 16-ounce can of Great Stuff to fill a crack between the floor and the wall in his bathroom. In his lawsuit in Milwaukee County Court, Crouch says he followed the directions and "shook the can four to five times and its spontaneously exploded, violently striking plaintiff in the abdomen and the contents of the spray can lodged itself all over Mr. Crouch's face, nasal cavity and lodged inside his right ear. The product began expanding inside Mr. Crouch's nose and right ear canal while clinging to his hair and clothing."
Dow Chemical advertises the product as "easy-to-use" and "At only a few dollars per can, Great Stuff Pro Insulating Foam Sealants can save big bucks."
The product expands tremendously after application. Instructions on a can of Great Stuff Big Gap Sealer, recently purchased at a Home Depot, tell the user to "Fill voids < [less than] 50%." The instructions of the can say to "Shake vigorously - minimum 30 seconds."
Crouch claims Dows product is "an inherently dangerous instrumentality."
He claims that Home Depot did not "meet standard retail industry practice by properly rotating inventory on the retail shelf so that products, in this case Great Stuff, do not stay on the shelf past the 'use by' expiration date, per the recommendation of the manufacturer."
Crouch says he bought the can from Home Depot on Feb. 18, 2011, though Dow had recommended that it be used by Nov. 29, 2004.
He says he suffered serious and permanent injuries, disability, continuing medical expenses and lost earning capacity, all due to "the unreasonably dangerous and defective condition of the can of Great Stuff.
He seeks damages for negligence and strict liability from Home Depot and Dow Chemical, and damages from a Jane Doe store manager for failing to safely and properly market, sell and distribute Great Stuff foam sealant.
Crouch is represented by Peter Duffey of Waukesha.