What is a quality response? It is one that that is thorough containing information from the textbook, New York Cases, or other appropriate source that demonstrates knowledge of the subject matter. Written responses should be thoughtful and instructive. You need to treat these essays as "take-home, open-book exams", which require well organized, thorough responses. Remember, even if you give a short correct response, others will give longer well documented answers with examples, and your short answer will not earn full credit.

72. Product Liability. Jason Clark, an experienced hunter, bought a paintball gun. Clark practiced with the gun and knew how to screw in the carbon dioxide cartridge, pump the gun, and use its safety and trigger. Although Clark was aware that he could purchase protective eyewear, he chose not to buy it. Clark had taken gun safety courses and understood that it was common sense not to shoot anyone in the face. Clarks friend, Chris Wright, also owned a paintball gun and was similarly familiar with the guns use and its risks.

Clark, Wright, and their friends played a game that involved shooting paintballs at cars whose occupants also had the guns. One night, while Clark and Wright were cruising with their guns, Wright shot at Clarks car, but hit Clark in the eye. Clark filed a product liability lawsuit against the manufacturer of Wrights paintball gun to recover for the injury. Clark claimed that the gun was defectively designed. During the trial, Wright testified that his gun never malfunctioned. In whose favor should the court rule? Why? (See Product Liability.)