Read and analyze the following fact situation. Identify all tort claims, defenses or other issues that these facts raise and discuss whether you think each potential claimant will be successful or not. Be sure to explain your reasoning.

Facts

Radio Station KJAZ held a month-long contest that rewarded the winners with free tickets to the hottest concert in town. As part of the contest, KJAZ would send its employees to various locations in town in a KJAZ van. Two times each day, KJAZ would announce over the radio the van's location and would award free concert tickets to the first person who came to the van.

One day, as Dan Quick was having coffee in his kitchen and listening to the radio, he heard the KJAZ broadcast that the contest was open and the first person to arrive at the van's location at Hasty Park would get free tickets to Dan's favorite band, House of Fire. Realizing that the van was near his house, Dan ran to his driveway, got into his 2017 Corvette, and drove as fast as he could down the town's streets in order to win the contest tickets. Driving 50 miles an hour down a town street posted with a 25 mile per hour speed limit, Dan crashed into a 2012 Ford Focus driven by Peter Hurt. The crash caused Peter serious injuries. Dan was also slightly injured and was taken by ambulance to the local hospital, where he waited for five hours in the emergency room before he was able to see a doctor.

Because Dan had left his kitchen so quickly that morning, he did not turn off his coffee maker before leaving his house. The coffee maker was new and had a safety feature that turned off

the heat to the coffee maker an hour after the pot of coffee had been brewed. Unfortunately, the safety feature did not work on Dan's coffee maker that day. The coffee maker overheated after three hours and ignited some paper towels nearby that Dan had been using to polish silverware that morning with a very effective silver polish that was also very flammable. The resulting flames soon engulfed Dan's house in fire.

Maria Friend, a neighbor who lived across the street from Dan, saw Dan's house on fire and ran to Dan's property to see if she could help. She slipped on the steep driveway of Dan's house and injured her back. She sought medical treatment from her Doctor the next day and was prescribed muscle relaxants and pain medication, which she took as needed for three months.

The house fire was a big deal in the town and was front page news in the town newspaper. Fred, the owner of Coffee World, a gourmet coffee shop that sold both coffee and coffee machines, read about the fire and wondered if Dan's coffee machine was a factor. Fred wondered this because he remembered selling a coffee machine to Dan recently, and it was a model that twenty other customers at Coffee World had returned after purchasing it, claiming that their machines had seriously overheated when left for extended periods of time. Fred had processed all of those returned coffee machines for customer refunds, but had not told BevCo, the manufacturer of the coffee machine, about the returns because it would require Fred to fill out extensive paperwork in order to get the manufacturer to reimburse him.