Background:Things are moving quickly for the GC owners.They are almost ready to open operations.GC will be purchasing EPI products exclusively for use in GC cleaning services and will be reselling some EPI products to the public.The GC owners have some final concerns about these sales contracts and about potential liabilities that could arise from the use of EPI products.

Winnie and Ralph asked you to complete research and prepare some instructional materials to present in a memorandum for discussion among Winnie, Ralph, the GC owners, and you at a meeting.You decide to create hypothetical scenarios for analysis and later discussion at the meeting.

Instructions:

Part I.Use of EPI Products in GC Cleaning Services

Review the tort of product liability in week 3 Overview, Instructor Notes.

Review the scenario below and respond to the items following.

Scenario:GC contracted to clean the ABC Industries, Inc. (ABC) office building using EPI cleaning products.GC assigned several experienced GC employees to the job.While cleaning the office windows with EPI's Clear Light window cleaner, the cleaner left a sticky film on several of the windows.The cleaner was used exactly according to product directions. The sticky film could not be removed except by scraping which left permanent scratches on the windows.GC had used Clear Light many times before with no damage or problems.

ABC expects GC to pay to replace the windows and sues GC to recover costs of replacing the windows.Note:ABC sued only GC.

Analyze and discuss whether GC has any potential liability under product liability law for damage to the windows as described in the scenario:

1. Describe any possible product liability claim(s) for which ABC could sue GC and why/how the claim(s) could apply to GC.

1. Analyze and describe whether GC is likely to be found liable for the claim(s) identified in #1 above and why.

1. Assume GC is found liable for the claim(s) identified in #1 above.Does GC have any recourse to sue EPI to recover the costs for paid to ABC to replace the windows and why.