Question
Read the scenario and then answer the questions. You need to respond to another juror(classmate) to get full credit. Remember to cite the text at
Read the scenario and then answer the questions. You need to respond to another juror(classmate) to get full credit. Remember to cite the text at least once to support your decision. As usual, spelling and grammar count.
The case of the crazy Lawnmower
Paul, a mechanical engineer, bought a lawnmower from Lawncore Co. for $499. The salesman said it was an excellent quality lawnmower and even professionals used the same one. There had never been a complaint. It had a 30 day limited warranty on parts and labor. There was also a disclaimer that the manufacturer, designer and retailer were not responsible for any injuries caused by improper assembly or use. Everything was assembled by Lawncore, except the handle needed to be attached at home. The mower was assembled on March 1. Paul did not get a chance to use it until April 4 becausehe had to go out of state due to the death of his brother.
On April 1 when he started cutting his lawn, a blade broke off and injured his neighbor who was watching Paul cut his lawn. The lawnmower suddenly stopped working. The neighbor's leg was cut in two places. Paul did not get to finish cutting his lawn. He took his neighbor to the hospital. The neighbor's medical bills amounted to $10,000.
Paul took the lawnmower back to Lawncore Co. to tell it of the injuries to his neighbor and to get the lawnmower repaired. The salesman first said it was too late as the warranty was only for 30 days. Paul said , but "it does not work and it caused an injury to my neighbor". The salesman then said that it was Paul's fault because he must have improperly assembled the handle. They could not resolve their differences, so Paul and his neighbor filed a lawsuit in Superior Court.
You are on the jury. You need to answer the two questions below.
- Who is responsible for the injuries to the neighbor? Explain. Why?
- What is the neighbor entitled to for his injuries? Explain. Why?
- Have any warranty(s) been breached? Explain which ones, how and why?
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