Question
Agatha is a 72 year old woman who resides in Cleveland, Ohio. One night, she is watching television and sees a commercial advertising a remote
Agatha is a 72 year old woman who resides in Cleveland, Ohio. One night, she is watching television and sees a commercial advertising a remote controlled bed. The bed gives the user the ability to lower the bed up and down to adjust the height, and can also raise the top half of the bed so that it can either seat the user in an upright position or enable to the user to lay flat. Agatha calls the number on her television screen and purchases the bed for $2,000. The company she purchased the bed from is called Comfort Beds, Inc. This company is incorporated in Maryland. 2 weeks after she purchases the bed, a Comfort Beds, Inc. truck arrives at her home to deliver it. The bed came with a user manual which contained many instructions for the use of the bed, as well as warnings regarding possible harm that could result. Agatha did not read the user manual prior to using the bed. The first night that Agatha tried to use the bed, she lost control of the bed and it suddenly sprang up, causing her to fall to the floor and break her hip. Agatha then files a lawsuit against Comfort Beds, Inc. Answer the following: 1) Identify the potential causes of action (tort) that could be filed by Agatha, and against whom the cause(s) of action will be filed. You must include all the elements of each cause of action you identify and an explanation of how the plaintiff can prove the elements for each cause of action. 2) Identify the potential legal defense(s) that could be raised, including an explanation of why that defense is appropriate and whether that defense will be successful. 3) Discuss whether jurisdiction exists to sue the defendant in a state court in Ohio. Make sure to first fully explain the law and then completely and thoroughly analyze the facts of the case as compared to the law. 4) Assume that the defendant approaches Agatha and offers to pay her $20,000 in exchange for her dropping the lawsuit. If Agatha accepts it, would this be a valid contract? Make sure to explain why or why not, what elements are required to be present for it to be a valid agreement, and whether those elements are satisfied in this case.
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