Ronald Smith takes his six year old son to Wonderful Playground in Hayward, California on December 10, 2019. Wonderful Playground includes an interior play structure where children can crawl around and go down a slide. The interior play structure contains a maze like structure. The following sign appears at the entrance of the interior play structure: "ADULTS SHOULD BE CAREFUL WHILE USING THIS PLAY STRUCTURE." The interior play structure is designed and distributed by "Fun Play Structures" from Union City, California. Fun Play Structures sold the interior play structure to Wonderful Playground. Smith reads the warning sign but wants to keep track of his energetic son while using the play structure.

Smith's son enters the play structure. While crawling behind his son in the play structure, Smith's head bumps against a strap with a sharp edge on it. As a result, Smith suffers a severe laceration of his scalp. Smith alleges that injuries were caused by Fun Play Structure's failure to adequately warn about the potential dangers of using the play structure.

The following legal principles apply to claims for failure to adequately warn about a defect in a product:

"Ronald Smith claims that the play structure lacked sufficient warning of potential risks. To establish this claim, Ronald Smith must prove all of the following:

1. That Fun Play Structures manufactured, distributed or sold the product;
2. That the play structure had potential risks that were known or knowable by the use of scientific knowledge available at the time of the manufacture, distribution or use;
3. That the potential risks presented a substantial danger to users of the product;
4. That ordinary consumers would not have recognized the potential risks;
5. That Fun Play Structures failed to adequately warn or instruct of the potential risks;
6. That the produce was used in a way that was reasonably foreseeable to Fun Play Structures;
7. That plaintiff was harmed; and
8. That lack of sufficient warnings or instructions was a substantial factor in causing plaintiff's harm."

Assume for purposes of this question that you represent the plaintiff. Please answer the following questions:

1. Identify what you believe is the most important issue affecting the outcome of the case and the reasons in support of your conclusion. (40 points)

a headnote (summary of argument) to be used in a memorandum of points and authorities summarizing your position on liability. (20 points)