Question
Ross and Rachel went to a big box store to purchase a microwave made by Micro, Inc. and some popcorn for their movie night. When
Ross and Rachel went to a big box store to purchase a microwave made by Micro, Inc. and some popcorn for their movie night. When they got home, Rachel plugged in the microwave and popped a bag of popcorn. Due to a faulty heating element in the microwave, the bag of popcorn caught fire and Ross burned his arm when he tried to put out the fire. Ross drove to Neighborhood Urgent Care to treat his burn. Dr. Distracted is an employee of Neighborhood Urgent Care. Dr. Distracted grabbed the wrong container and applied bleach to the burn instead of the petroleum-based ointment in a similar container. The burn became significantly worse and took an extra three months to heal. Ross and Rachel have retained your law firm to represent them.:
a. Which tort theory or theories (strict liability, product liability, medical malpractice, negligence?) should Ross allege in the complaint against Micro, Inc.?
b. What are the required elements of the tort OR what is the statute that applies?
c. Based on the facts given, do you believe Ross would be able to win the case against Micro, Inc.? Why or why not.
d. Are there any other potential defendants that Ross could sue? If so, list any other entity you believe Ross could sue.
e. What tort theory(ies) should Ross allege in the complaint against the entity or entities you identified?
f. What will Ross have to prove in order to recover against the entity or entities under the tort theory you identified in response to e.?
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