Facts: While replacing screws in a gutter, John Baugh fell off a ladder and landed headfirst on the concrete driveway. He sustained a severe brain injury which permanently limited his ability to perform routine physical and intellectual functions. He sued Cuprum in federal district court. Cuprum is the company that designed and made the ladder. He alleged a design defect. Baugh weighed 200 lbs- which was the weight limit. Kevin Smith, a mechanical engineer, testified on Baugh's behalf and said that the bracket on the ladder's right front side was too short to support the weight. This caused the ladder's leg to fail and Baugh to fall. Cuprum argued that the accident occurred because Baugh climbed too high on the ladder and stood on the 4th step and pail shelf. No person witnessed Baugh using the ladder so there's no evidence to support this. Law on this issue- Manufacturer fails exercise duty of care in making product safe- person injured by product - can sue manufacturer for negligence- Duty of care must be exercised- when manufacturer 1. Designs product 2. Selects materials 3. Uses appropriate production process 4. Assembling and testing product 5. Placing adequate warnings on label to inform user of dangers of which ordinary person might not be aware of 6. Inspecting and testing any purchased components used in final product A Product has a design defect if product is made in conformity with manufacturer's specifications-but an injury results because of design flawed. Plaintiff needs to show" a. A reasonable alternative design was available b. As result of defendant's failure to adopt alternative design- product wasn't reasonably safe.

Liable if harm reasonably preventable Questions 1. What is a manufacturer's legal and ethical duty when designing and making products for consumers? Did Cuprum meet that standard? 2. Did the mechanical engineer's testimony establish that a reasonable alternative design was available for Cuprum's ladder?