Jose purchased a second-hand riding lawnmower from the manufacturer, ABC Inc. Before using the mower, Jose opened the hood to fill up the gas tank. He took off the cap and placed it on the tank. He started to pour in the gas. He had to stop to get the cap when it rolled off the tank. He again placed in the hood and continue to pour the gas into the tank. The cap again rolled away and, this time, it hit the battery and caused a spark that ignited the gasoline fumes. As the fire started, he dropped off the gasoline container that he was holding on and spilled the gas which resulted in a blazing fire that destroyed his garage and home. ABC Ltd. is aware of the problem since there were several incidents and lawsuits. To address this problem, ABC Inc. manufactured a battery-covered and provide a safety kit to its customers. Jose was not aware of this issue nor receive a copy of a safety kit. 

Issues: Does ABC Inc owe a duty of care? Is the duty of care foreseeable? Does ABC Inc solution meet the standard of care?

Answer rating: 100% (QA)

1 Duty of Care Analysis ABC Inc likely owes a duty of care to its customers including Jose to provid... View the full answer