Scenario 3 - Product Liability

Allan was not a licensed plumber, but often installed hot water heaters as part of his job as a handyman. Allan installed a new hot water heater manufactured by Bradford Inc. for Karla, a single mother with two children. Warnings were provided in large bold letters on a metal plate on the water heater. Similar warnings were provided in the manual Allan provided to Karla at the time of installation.The warning on the water heater read "CAUTION: HOT WATER CAN SCALD."The heater itself contained a picture of hot water coming from a faucet with the words "DANGER" printed above it. In addition, the following statement was printed on the water heater. Warning!Water temperature over 120F can cause severe burns. Children, elderly persons, and the disabled are at higher risk of being scalded.Test water temperature before bathing or showering. Temperature limiting valves are available, see manual. Allan set the temperature to 105F. The next day, 3-year-old Simon was being bathed by his 12-year-old sister, Linda.When Linda received a text on her cell phone, she left Simon alone in the bathtub with the water running. Simon was scalded by the water from the tap. Simon's mother brought suit against Allan and Bradford Inc. alleging defects in the design of the water heater and Allan's failure to warn her about the heater's dangers.

• Provide arguments that Allan, Bradford and Linda will introduce in court.
• Determine which party should win and support your answer.