Whirlwind Mowers manufactures and sells power lawn mowers to the public and distributes the products through its own dealers. Andrew is a homeowner who has purchased a power mower from an authorized dealer on the basis of the dealer's recommendation that "the mower is the best one available to do the job." Andrew was cutting his lawn when the mower blade flew off and seriously injured his leg.
a. Andrew sues Whirlwind Mowers and asks for damages based on negligence in producing the power mower. Is Whirlwind Mowers guilty of negligence? Explain your answer.
b. The doctrine of res ipsa loquitur can often be applied to cases of this type. Show how this doctrine can be applied to this case. Your answer must include a definition of res ipsa loquitur.
c. Explain the various types of damages that Andrew might receive if Whirlwind Mowers is found guilty of negligence.

  • CreatedJanuary 30, 2015
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