Susan Calles lived with her four daughters, Amanda, age eleven, Victoria, age five, and Jenna and Jillian,
Question:
1. A product is “unreasonably dangerous” when it is dangerous beyond the expectation of the ordinary consumer. Whose expectation—Calles’s or Jenna’s—applies here? Why? Does the lighter pass this test? Explain.
2. A product is also “unreasonably dangerous” when a less dangerous alternative was economically feasible for its maker, who failed to produce it. Scripto contended that because its product was “simple” and the danger was “obvious,” it should not be liable under this test. Do you agree? Why or why not?
3. Calles presented evidence as to the likelihood and seriousness of injury from lighters that do not have child-safety devices. Scripto argued that the Aim N Flame is a useful, inexpensive, alternative source of fire and is safer than a match. Calles admitted that she was aware of the dangers presented by lighters in the hands of children. Scripto admitted that it had been a defendant in at least twenty-five suits for injuries that occurred under similar circumstances. With these factors in mind, how should the court rule? Why?
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Related Book For
Business Law Today The Essentials
ISBN: 978-0324786156
9th Edition
Authors: Roger LeRoy Miller, Gaylord A. Jentz
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