(a)
Case summary: An individual named Su filed a lawsuit against a distributor company Sc, for distributing “unreasonably dangerous product”- a utility lighter. The person S, who lived with her four daughters A, V, Je, and Ja, alleged that the lighter she bought from Sc company was “unreasonably dangerous” as it caused her three-year-old daughter Je’s death.
To find:The expectation applied to this case is of Su or Je.
(b)
Case summary:
An individual Su filed a lawsuit against s distributor company Sc for distributing “unreasonably dangerous product”- a utility lighter. The person S, who lived with her four daughters A, V, Je, and Ja, alleged that the lighter she bought from Sc company was “unreasonably dangerous” as the lighter caused her three-year-old daughter Je’s death.
To Explain : How the court should rule.
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Chapter 7 Solutions
The Legal Environment of Business: Text and Cases
- What is your opinion? While visiting a friend, Mary Carpenter, safety director for a small manufacturer of pressurized metal containers, saw something that really bothered her. While cleaning up his yard, her friend, John, threw all his trash into a fire contained in a metal drum. Carpenter noticed two aerosol cans being thrown into the fire and quickly warned John of the danger of explosion. John laughed and shrugged off her warning, saying, "There is no danger. The can will melt before it explodes". Who is right in this situation?arrow_forwardRecently, an elderly woman was reported as "missing" from Home Away Nursing Home. After an extended effort to locate her, the woman was found deceased in the freezer of Home Away. Surveillance footage captured a food service worker at the nursing facility, Jim, exiting the freezer and carelessly propping the door to the freezer open with a wheelchair before walking away from the freezer. It appears that the elderly woman sat in the wheelchair, rolled into the freezer and the freezer closed behind her locking from the outside. In initial efforts to escape from the freezer, the elderly woman found a pulled lever attached to a gas valve detaching it and releasing gas into the nursing facility. As the gaseous fumes filled the nursing facility, other residents became ill and one patient, Thomas, became critically mentally impaired from ingesting of the fumes. What must Thomas’s family show to recover damages from Home Away Nursing Home on behalf of Thomas for his impairment?arrow_forwardLouis Estrada is Regional Manager at Commander Electronics in Atlanta, Georgia. He received an e-mail from Joseph Grimes, a frustrated restaurant owner who is demanding a steep price match for all his trouble with two new 4K Ultra HD televisions that both malfunctioned (see Activity 6.12). He had bought a Samsung QLED Q90R 65" 4K UHD TV (QN65Q90RAFXZA) at Commander Electronics for $2,597.99 plus tax. After installing it, he found, much to his chagrin, that the TV set failed the very next day. Wanting a new TV as soon as possible, he drove 30 minutes to the same Commander Electronics store to exchange the faulty model for another Samsung QLED Q90R 65" 4K UHD TV. A few days later, this TV also conked out. Again Joseph had to return the TV set, but this time he insisted on exchanging it for a different brand, a comparable LG 65" 4K UHD HDR Smart OLED TV (OLED65C8PUA) or a larger Sony 75" 4K Ultra HD Smart LED TV (XBR75X940E) that also fit Joseph’s criteria. However, at almost $3,000 both…arrow_forward
- Seth is a delivery driver for Pizza Shack. One day while on a delivery, Seth decides to stop by his girlfriend's house on the way back to work. She lives 7 blocks out of the way, but Seth didn't think his manager would notice him being gone for a few extra minutes. While pulling into his girlfriend's driveway, Seth speeds out of control and runs into Suzy, a four year old girl playing in her yard next door. Suzy's parents sue Seth and Pizza Shack. Pizza Shack will likely be: 1) not liable if Seth's visit to his girlfriend constituted a "frolic" of his own and an abandonment of Pizza Shack's business. 2) liable because Seth was intending to serve some purpose of his employer by driving fast. 3) liable because Seth was working at the time of the incident. 4) not liable because Pizza Shack did not give Seth express consent to hit Suzy.arrow_forward"A college student with a heart condition died after she drank Panera Bread's Charged Lemonade, a large cup of which contains more caffeine than cans of Red Bull and Monster energy drinks combined, according to a lawsuit. The legal complaint calls the beverage a "dangerous energy drink" and argues that Panera failed to appropriately warn consumers about its ingredients. The suit was filed on behalf of the student's parents. The student had heart condition called long QT syndrome type 1 and avoided energy drinks at the recommendation of her doctors, according to the filing. In a statement Monday afternoon, a Panera spokesperson said: "We were very saddened to learn this morning about the tragic passing of Sarah Katz, and our hearts go out to her family. At Panera, we strongly believe in transparency around our ingredients. We will work quickly to thoroughly investigate this matter." The student bought a Charged Lemonade from a Panera Bread restauran and went into cardiac arrest hours…arrow_forwardAn HO-3 Form covers damage to a home caused by which of the following O A Fuel oil spillage OB. Termites Breakdown of mechanical equipment Flood C. D. ingarrow_forward
- Engineering student Bryan Springer has a high paying summer job as a forklift operator. This job enables him to attend university without having to take out any student loans. He was now staring at a 50-gallon drum filled with used machine coolant, wondering what he should do. Just moments ago, Bryan's supervisor, Max Morrison, told him to dump half of the used coolant down the drain. Bryan knew the coolant was toxic, and he mentioned this to Max. But Max was not swayed. Max: The toxins settle at the bottom of the drum. If you pour out half and dilute it with tap water while you're pouring it, there's no problem. Byran: I don't think that's going to work. Besides, isn't it against the law? Max: Look, kid, I don't have time for chat about a bunch of laws. If I spent my time worrying about every little regulation that comes along, I'd never get anything done -- and neither will you. Common sense is my rule. I just told you --Toxins settle at the bottom, and most of them will stay…arrow_forwardIntex Recreation Corporation designed and sold the Extreme Sno-Tube II. This snow tube is ridden by a user down snow-covered hills and can reach speeds of 30 miles per hour. The snow tube has no steering device, and therefore a rider may end up spinning and going down a hill backward. Dan Falkner bought an Extreme Sno-Tube II and used it for sledding the same day. During Falkner’s second run, the tube rotated him backward about one-quarter to one-third of the way down the hill. A group of parents, including Tom Higgins, stood near the bottom of the hill. Higgins saw 7-year-old Kyle Potter walking in the path of Falkner’s speeding Sno-Tube. Higgins ran and grabbed Potter to save him from harm, but while he was doing so, the Sno-Tube hit Higgins and threw him into the air. Higgins landed on his forehead, which snapped his head back. The impact severed Higgins’s spinal cord and left him quadriplegic. Higgins sued Intex for damages based on strict liability. Is the snow tube defective?…arrow_forward1. It is defined as intentional and deliberate act or decision for personal gain which adversely affects the company.arrow_forward
- 2, why is necessary on drug testing at work, both pre and post employment? Explain.arrow_forwardThe right to introduce any product in any size and style, provided it is not hazardous to personal health or safety, or, if it is, to include proper warnings and controls belongs to which catogory of rights?arrow_forwardA transit officer sees a 2-year-old child walking along the edge of a train station by herself. The officer realizes that it looks strange and dangerous that she is walking very close to the edge. While the child is standing next to the officer she prepares to jump onto the tracks. The officer could have could have grabbed her and pulled her back onto the platform, but he chose not to do so. Unfortunately, the child gets hit by a train and dies. The parents, were nearby and didn’t notice that their child walked away from them, sue the officer and the city for damages. What is the probable outcome of their suit? What if it wasn’t an officer but just another rider on the subway?arrow_forward
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