1. a. Explain the plaintiff Calles’ claim that the Aim N Flame lighter was defective and unreasonably dangerous.

b. Explain the court’s resolution of Calles’ claim.

2. What evidence must a plaintiff provide to maintain a successful defective design product liability claim?

3. Is the manufacturer excused from liability if the product’s danger is obvious or if the product is used in an unintended but foreseeable fashion?

4. In a case similar to Calles [Griggs v. Bic Corp., 981 F.2d 1429 (3rd Cir. 1992)] the court, employing a negligence analysis, found that the central question was whether the foreseeable risk was unreasonable. The court noted that residential fires started by children playing with lighters are estimated to take an average of 120 lives each year, and total damages amount to $300–$375 million or 60–75 cents per lighter sold.

a. Is the foreseeable risk unreasonable, in your judgment?

b. How did you reach your conclusion?

c. In your view, are the parents the responsible parties in these episodes? Explain.

5. Alison Nowak, a 14-year-old girl, tried to spray her hair with Aqua Net. Because the spray valve on the recently purchased aerosol can would not work properly, she punctured the can with an opener. She was standing in her kitchen near a gas stove at the time, and the cloud of spray that gushed from the can ignited. She was severely burned. Nowak sued Faberge, the maker of the spray, on strict liability grounds. Although the back of the can contained the warnings, “Do not puncture,” and “Do not use near fire or flame,” the jury determined that Faberge had not adequately warned of the fire hazard and awarded her $1.5 million. Faberge appealed. Decide. Explain.

On March 31, 1998, plaintiff Susan Calles resided with her four daughters, Amanda, age 11, Victoria, age 5, and Jenna and Jillian, age 3. At some point that night, Calles left her home with Victoria to get videos for Amanda. When she left, the twins were in bed and Amanda was watching television. Calles returned to find fire trucks and emergency vehicles around her home. It was subsequently determined by a fire investigator, Robert Finn, that Jenna had started a fire using an Aim N Flame utility lighter Calles had purchased approximately one week earlier.