DIY, Inc. manufactures and markets a variety of pneumatic nail guns, including the SN325 nail gun, which discharges 3.25-inch nails. The SN325 uses special nails designed, manufactured, and sold by DIY.

The nail gun will discharge a nail only if two trigger mechanisms are activated. This safety feature means that the user must both squeeze the nail guns finger trigger and press the nail guns muzzle against a surface, activating the bottom trigger or safety. The SN325 can fire up to nine nails per second if the trigger is continuously depressed and the gun is bounced along the work surface, constantly reactivating the muzzle safety/trigger.

In May 2019, Victor Lee decided to remodel his home, starting with the garage. Rather than rely exclusively on a hammer and nails, Victor Lee purchased a DIY SN325 nail gun directly from the manufacturer. On August 3, 2019, Lee was using his DIY SN325 nail gun to install pieces of 2 by 4 wood lumber under the eaves of the garage. Due to the height of the eaves, he stood on tiptoe as he raised each 2 by 4 over his head. As he held the board in position with his left hand and the nail gun in his right hand, he would press the nose of the SN325 up against the board, depress the safety, and pull the finger trigger to fire the nail into the board.

While installing the third board, the gun fired the first nail and then, in a phenomenon known as double firing, immediately discharged an unintended second nail that struck the first nail. When the second nail hit the first nail, the nail gun recoiled violently backward toward Lee, and with Lees finger still on the trigger, came into contact with his cheek. That contact activated the safety/trigger, causing the nail gun to fire a third nail. This third nail went through Lees cheekbone and into his brain.

The nail penetrated the frontal lobe of the right hemisphere of Victor Lees brain, blocked a major artery, and caused extensive tissue damage. Lee was unconscious for several days and ultimately underwent multiple surgeries. He suffers permanent brain damage and is unable to perceive information from the left hemisphere of the brain. He also suffers partial paralysis of the left side of his body. Victor Lee has undergone a radical personality change, is prone to violent outbursts, is unable to obtain employment.

In addition, Lees previously warm and loving relationship with his wife and four children has been permanently altered. He can no longer live with his family and instead resides in a supervised group home for brain-injured persons.

Based on their attorney's advice, Victor Lee and his wife sued DIY for strict product liability under 402A of the Restatement (Second) of Torts, the standard adopted by the courts in their state, alleging a design defect.

During discovery, DIY, Inc. produced documents that showed the SN325 nail gun double-fired once every 15 firings. Duke Ryan, a former DIY, Inc. safety engineer, left the company soon after DIY launched the SN325 nail gun. In a deposition, Ryan testified that after a competitor began selling a nail gun that used 3.25-inch nails, DIY modified its existing nail gun so that it could shoot longer nails. According to the engineer's testimony, the company rushed production of the SN325 nail gun to maintain market position, without regard to safety. Over Ryan's opposition, DIY did not conduct additional testing to determine if using a longer nail would increase the prevalence of double firing. Additional discovery determined that the SN325 nail gun contained the same instructions and warnings as the earlier model.

Use the FIRAC model (Facts, Issue, Rule, Analysis, Conclusion) to analyze the Victor Lee case against DIY, Inc. alleging strict product liability under 402A of the Restatement (Second) of Torts.

• Do NOT discuss whether they would also have a claim against the manufacturer based on negligence or warranty theories -- focus ONLY on strict liability under 402A.

PART 2:

1. Based on information obtained during the discovery process, the Lee's attorney wants to amend their complaint to add a negligence claim to their lawsuit against DIY, Inc. In 1-2 paragraphs, briefly explain what the Lee's would have to prove in a negligence claim, what evidence may support such a claim, and which claim you think would be easier to prove (strict liability or negligence) and why.
2. Assume that the Lee's live in a state that has adopted 402A of the Restatement (Third) of Torts. In one paragraph, explain how and why this might change your analysis.