The Legal Environment of Business: Text and Cases
10th Edition
ISBN: 9781337535878
Author: Frank B. Cross; Roger LeRoy Miller
Publisher: Cengage Learning US
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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.
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The Legal Environment of Business: Text and Cases
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