Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
10th Edition
ISBN: 9781337374835
Author: CROSS
Publisher: CENGAGE L
expand_more
expand_more
format_list_bulleted
Question
Chapter 7, Problem 1RE
Summary Introduction
Case summary:A person SK bought a spa, of the GL company, from a person VP, and signed an installation contract. After three months, SK’s daughter, L injured her index finger from the spa’s hydromassage jet. She was left alone in the spa at the time. The local police and the rescue team were called for help. They were successful in getting L’s finger free. L was taken to the local emergency room. It was revealed there that L’s finger bone had broken in two places.
To explain :The particular theory of product liability that can be used by the person SK to sue the person VP.
Expert Solution & Answer
Explanation of Solution
According to product liability based on negligence, if there is a failure on the part of a manufacturer or seller to exercise due care to make the product safe to use, he/she can be sued by the person who gets injured by that product. In the given case, the person SK’s daughter got injured from the spa’s jet. She can use the theory of negligence of product liability to sue the person VP and claim that there were design defects associated with the spa and the absence of a proper warning in relation to its use.
Want to see more full solutions like this?
Subscribe now to access step-by-step solutions to millions of textbook problems written by subject matter experts!
Students have asked these similar questions
Pebbles Flintstone is a minor. Pebbles dropped out of high school in order to care for her ailing mother. The Flintstone home is located in Anacortes, Washington. To help pay for her mother's medical care, Pebbles decided to sell her guitar. Pebbles received the guitar as a gift from her Uncle Barney. Pebbles tried to learn how to play the guitar, but after two years she became frustrated and threw it under her bed. While the guitar has a few cracks and scratches, it is still in good working order. Because her Uncle Barney is wealthy, Pebbles thinks he paid about $500 for the guitar, and hopes it might still be worth around $200. Mr. Slate, age 44, owns Bedrock Antiques & Collectibles. While walking down the street, he came across the Flintstone home, saw they were having a yard sale and decided stop and look around. When he saw the guitar, with a sign that simply said "Make Offer", Mr. Slate offered Pebbles $500. Mr. Slate wasn't sure, but believed the guitar might be a rare…
Brenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence. During the course of an operation, the doctor surgically implanted a ProteGen Sling (sling) in Brandt. Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients. Brandt suffered serious complications and had the sling surgically removed. Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC). Health Center filed a motion with the court to have the case against it dismissed. Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC. Health Center proved that Brandt’s bill was $11,174.50 total charge…
Lucy cannot stand the fact that her ex-husband, Ethan, is about to get remarried. After all, it was a horrible breakup, and Ethan was really mean to her. Lucy decides to get her revenge by telling Ethan’s employer that Ethan stole large amounts of money from his previous employer, even though Lucy knows it is not true. If Lucy follows through on her plan, she will have:
a) not committed the tort of defamation because the statement would not harm Ethan’s reputation.
b) committed the tort of defamation because it is an untrue statement intended to harm Ethan’s reputation, and she stated it to another person.
c) not committed the tort of defamation, because she only made the statement to one person.
Chapter 7 Solutions
Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
Knowledge Booster
Similar questions
- Chris bought his son a new bicycle from his local bike shop. Less than a week later, the bicycle’s handlebar broke while the boy was riding. This caused the boy to fall on concrete and break several teeth that required surgery. Chris wants to sue the manufacturer for compensation but is told that the shop merely imported the bicycle - which was manufactured overseas. Required: Explain to Chris whether he is able to take legal action for a breach of the ACL. Refer to law.arrow_forwardMona's insurer wrote to inform her it was making changes to her health insurance policy( one month before the changes came into force). The changes included new conditions and limits for a skin surgery benefit. Mona made a complaint about the change in the policy, because the new limit would mean Mona wouldn't be able to obtain skin surgery with her regular doctor. Mona said the insurer should not be allowed to reduce her policy benefits and she made a claim to cover her new skin surgery. Required: Determine whether she can claim the hospital expenses under the new insurance policy? And justify your answer with reasonable justifications?arrow_forwardPaula Plaintiff owns Paula’s Boutique, one of the most popular stores in town. William Wicked owns the store next to Paula’s Boutique. William has been jealous of Paula’s success. William, in an effort to increase his own business, begins to tell his customers that Paula is dishonest and unethical. William even puts a sign in his front window warning potential customers not to shop at Paula’s Boutique because of her deceitful and unethical practices. Paula is upset when she finds out what William has been doing. Paula has always been honest and ethical with her customers and now her business is suffering because of William’s dishonesty. Paula decides that something must be done about this situation. What advice would you give Paula? Discuss the possible tort claim Paula might have against William. Be sure to include the elements of the tort and relate those elements to the scenario. If Paula decides to pursue a claim against William, should she consider a lawsuit, mediation, or…arrow_forward
- Catherine Bosley worked as a television news anchor for WKBN Channel 27 in Youngstown, Ohio. While on vacation with her husband in Florida she participated in a “wet t-shirt” contest, which was videotaped without her consent by DreamGirls, Inc. and licensed to Marvad Corp., which runs a Web site for adult entertainment through a subscription service on the Internet. Marvad used depictions of her in advertisements to promote the materials and services it markets. Web site searches related to Catherine Bosley in 2004 were the most popular search on the World Wide Web. Due to the publicity, she resigned from her position at WKBN. Bosley sought an injunction against the defendants from using her image in any manner that promotes the sale of their goods or services. The defendants contend that an injunction would violate their First Amendment rights. [Bosley v. Wildwett.com, 310 F. Supp. 2d 914 (N.D. Ohio)] 2.2. ) Provide a paragraph with more than five sentences (i.e., in the section for…arrow_forwardBill Kinsey was charged with murdering his wife while working for the Peace Corps in Tanzania. After waiting six months in jail, he was acquitted at a trial that attracted wide publicity. Five years later, while a graduate student at Stanford University, Kinsey had a brief affair with Mary Macur. He abruptly ended the affair by telling Macur he would no longer be seeing her because another woman, Sally Allen, was coming from England to live with him. A few months later, Kinsey and Allen moved to Africa and were subsequently married. Soon after Bill ended their affair, Macur began a letter-writing campaign designed to expose Bill and his mistreatment of her. Macur sent several letters to both Bill and Sally Kinsey, their parents, their neighbors, their parents’ neighbors, members of Bill’s dissertation committee, other faculty, and the president of Stanford University. The letters contained statements accusing Bill of murdering his first wife, spending six months in jail for the crime,…arrow_forwardErin is a lawyer with twin sons that are 12 years old. Erin is resting in her bedroom when she hears loud noises in the family room. She springs up, runs to the family room, and sees one son, Phil, punch the other son, Kip. Erin immediately orders Phil to stay in his room for the rest of the day and to not use the internet for 48 hours. As Phil mopes along the hallway to his room, Phil shouts. "Kip punched me first!" What legal principle would Erin recognize Phil's remark as being? O ad hoc because Phil is adding an accusation against his opponent Kip. O in pari materia because Kip attacked in the same manner as did Phil O caveat emptor because Phil thinks he is right. O jus ad bellum because Kip's action is what actually started the fight (the "war") O in pari delicto because they (Phil and Kip) are at equal fault.arrow_forward
- Vida Tunu is sexually harassed by a top-level senior executive in a large company. She sues the company, and during settlement discussions, she is offered an extremely large monetary settlement. In the agreement, Vida Tunu is required to confirm that the executive did nothing wrong, and after the agreement is signed she is prohibited from discussing anything about the incident publicly. Before the date scheduled to sign the settlement agreement, Vida’s lawyer mentions that she has heard the executive has done this before, and the settlement amount is very large because the company probably had a legal obligation to dismiss the executive previously. The company however wants to keep the executive because he is a big money maker for the company.a) Explain the issues of integrity, ethics and law posed in the case study? b) Will it be morally right to dismiss the top-level senior executive who is a big money maker for the company? Provide examples of your choice to explain your answer…arrow_forwardFreddie is driving his motorcycle in a state in which helmet use is required by statute. Freddie is not wearing his helmet because it flattens his hair and he thinks he looks sexier without it. As Freddie is driving down the highway, a car driven by Renee pulls out directly in front of Freddie. Freddie runs into Renee's car and receives severe head injuries. Freddie sues Renee. What defenses, if any, can Renee assert?arrow_forwardAt Whirlpool’s manufacturing plant in Ohio, overhead conveyors transported household appliance components throughout the plant. A wire mesh screen was positioned below the conveyors to catch falling components and debris. Maintenance employees frequently had to stand on the screens to clean them. Whirlpool began installing heavier wire because several employees had fallen partly through the old screens, and one had fallen completely through to the plant floor. At this time, the company warned workers to walk only on the frames beneath the wire but not on the wire itself. Before the heavier wire had been completely installed, a worker fell to his death through the old screen. A short time after this incident, Deemer and Cornwell, two plant employees, met with the plant safety director to discuss the mesh, to voice their concerns, and to obtain the name, address, and telephone number of the local Occupational Safety and Health Administration representative. The next day, the two…arrow_forward
- Hannah hates her sister Ivana with a passion so Hannah decides to poison her. Ivana drinks the soup that Hannah has poisoned, but for some reason, she does not die. She only experiences a tummy ache and starts vomitting. She is rushed to the hospital but does not die. What kind of crime was committed? Consummated Frustrated Attemptedarrow_forwardJohn Clark purchased a paintball gun at a pawn shop and then participated in a community sport of shooting paintball guns at cars. While John and his friend were riding around their small town with their paintball guns, they spotted Chris and shot his car. Chris Rico then aimed his Brass Eagle paintball gun at the car John was riding in, but instead hit John in the eye. John required surgery on his eye that even- ing and filed suit against Brass Eagle under a theory of strict tort liability. Brass Eagle responded by stat- ing that its gun was not defective and that the young men had ignored warnings about the need to wear eye protection when using the guns. John said he purchased his gun used and was not given all the packaging and instructions. Brass Eagle says that its gun was not defective and that it functioned as it was supposed to. John says the guns are inherently dan- gerous. Who should be responsible for the injury? Are paintball guns defective if they can harm indivi- duals?…arrow_forwardJose buys a jet ski for his 16-year-old son, Carlos. Carlos does not like it and Jose seeks to rescind his purchase since the Jet Ski was to be used by a minor. Explain whether or not Jose will be successful?arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education