Question
1. Jenny purchased a chair manufactured by Chairco.When Jenny stood on the chair to change a light bulb, one of the chair legs broke and
1. Jenny purchased a chair manufactured by Chairco.When Jenny stood on the chair to change a light bulb, one of the chair legs broke and she fell, breaking her arm.Jenny has decided to sue Chairco.Review Strict Product Liability law.Briefly explain what defect(s) might apply here and why.What defense(s) could Chairco claim?Decide and briefly explain who would most likely be successful and why?
2.Kim is extremely nearsighted and wears hard contact lenses.Each morning, she uses Smith Wetting Solution, sold in a standard white dropper bottle, to her lenses and inserts them in her eyes.This morning, immediately after inserting the first lens, she felt intense, severe pain.She discovered she had used a Jones Nail Fungus white dropper bottle nearby on her sink instead of the wetting solution.At the hospital, where the staff called poison control, they were informed the solution was highly acidic and harmful to the cornea.Kim was horrified and said, "how could I have been so stupid".The nurse informed her they had seen the same problem a few times before.Kim suffered permanent damage to her vision in that eye. The Jones bottle did have a warning on the box and the bottle to "keep the product away from eyes as severe damage could result".Kim brings a strict product liability claim based on defective design against Jones Fungus.
A)Review the Strict Product Liability law re design defect.Consider what better design might have been available to prevent this harm.Using the risk-benefit analysis, what is the likely result (jury decision) here?
B)Assume there are $100,000 in damages here.If Jones claims that the injury was due to Kim's negligence in her mistaken use of their product, what is the likely result of the jury decision?Briefly explain.
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