Question
It is your lucky day and you have just won $1million in the lottery.Given the current circumstances,there is really no place for you to celebrate
It is your lucky day and you have just won $1million in the lottery.Given the current circumstances,there is really no place for you to celebrate so you decide to buy that Sony 65"OLED TVwhich is currently on sale at Best Buy that you have been dreaming of.While watching a movie onNetflixlater that week the TV begins to smoke and soon is engulfed in flames.You rush to unplug it and in the process your hand and arm are badly burned.Calling 911 the fire department shows up in five minutes, but by then the fire has spread to the window curtains and an easy chair.The fire is quickly extinguished, but further damage from water occurs.The Fire Marshallshows up and confirms the the TV's power supply was where the fire started.You would like to recover the the damages you have suffered from this incident which are as follows:$1000 outlay for the deductibleon your health insurance for treatment of the burn, $10,000 for property damage,$10,000 for lost income since you are a concert violinist and can't play with the burned fingers.Further facts, the power supply was manufactured under contract in Taiwan by EVR Electronics, the TV was assembled in Japan by Sony, and then shipped to Best Buy in LA.The power supply was defective due to a manufacturing defect that was not detected when the TV was assembled.
1.Using the theory of negligence,which we just studied in the previous chapter, who can you sue to recover these damages?
2.Using the theory of strict liability, who can you sue , what damages can you recover, and what do you have to prove in order to win your case?
3.If you sue Best Buy, their lawyer will raise the defense that this was a factory sealed carton and they would never knowingly sell you a defective product.Basically, it was not our fault so we shouldn't be liable.Is this a viable defense?
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