List two items that would be personal property where you live.Then, list two items that would be real property where you live.Make sure to explain the characteristics that allow you to categorize the property as real property or personal property.

FACTS: Amy Thomas (married to Jason Thomas) purchased the MailMate Paper Shredder online from Staples.com on November 15, 2006. The shredder was manufactured, assembled, and distributed by Executive Machines d/b/a Jeam Imports. In choosing the paper shredder, Amy Thomas said that her main considerations were that the shredder be compact and easy to use. The shredder arrived shortly after the date of purchase and was placed on a counter top in the Thomas' kitchen, routinely used there for the purpose of judgment. keeping their "junk mail" under control and securing their personal information. In using the machine, either Jason or Amy would stand in front of the counter and insert material into the machine to be shredded. On May 25, 2008, Amy Thomas was in the process of shredding mail in the MailMate Paper Shredder when their 19-month-old daughter, Madalyn, started crying and began to pull on Amy's leg. At this point, while the shredder was still operating, Amy picked up Madalyn and placed her on her left hip. Having made no attempt to unplug or turn off the shredder, Amy turned away from Madalyn to get Mada- lyn some candy; as Amy turned back around to face Mada- lyn, she saw that Madalyn's left hand had become stuck in the shredder. Upon realizing that Madalyn's fingers were stuck in the shredder, Amy unplugged the machine.Amy does not recall whether there was noise coming from the machine when Madalyn's fingers became stuck, whether Madalyn pulled away from her in order to reach out to the machine, or whether any portion of the envelope she had placed in the machine was still in the process of shredding. Jason was able to extract Madalyn's hand from the shredder with the use of a crowbar. Subsequently, Mada- lyn was transported to Wilkes-Barre Hospital for initial examination and then transported to Hershey Medical Center, where surgery was performed. Madalyn's two par- tially amputated fingers could not be reattached. Mr. Thomas, on behalf of Madalyn (Plaintiffs), brought suit against Staple's and the manufacturer of the paper shredder and retailer, alleging claims for strict liability, negligence, breach of express warranty, breach of implied warranty, and compensatory and punitive damages. Staples and Executive Machines (defendants) moved for summary judgement.

DECISION: The court found that strict liability and negli- gence theories could be used for the case. Section 402A makes sellers liable for harm caused to consumers by unrea- sonably dangerous products even if the seller exercised rea- sonable care. A product can be defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor, or because of inadequate instructions or warnings when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the omission of the instructions or warnings renders the product not reasonably safe.

The court found that the small size of the shredder, the size and location of the openings and the blades, and the force of the pull made the product more dangerous and con- cluded that there was a jury question as to whether Staples and MailMate were negligent in designing the MailMate Paper Shredder. The case was remanded for a jury to deter- mine these issues.

• Describe what happened in the case that caused an injury to Madalyn and the court's decision?
• What causes of action were brought by the plaintiffs?
• What can a manufacturer or seller of a paper shredder do to avoid an accident such as the one involving Madalyn?