Question
Your client is King Spas of Chicago, IL, a manufacturer of hot tubs. King calls you because they are concerned about a customer who died
Your client is King Spas of Chicago, IL, a manufacturer of hot tubs. King calls you because they are concerned about a customer who died while using one of their hot tubs. The customer was electrocuted when he got overheated in the tub and the off switch failed on his tub. The customer, desperate to turn off the tub, leaned over the side while in the tub and pulled the plug from the wall socket. Water dripped off his hand and caused the current to jump from the socket to his body, killing him. King wants to know if a product liability suit can be brought against it in Indiana. Regardless, is this an action for which it can be successfully sued on the basis of product liability? King tells you that an engineer warned it in a memo that this kind of accident could happen because of the way the plug was manufactured without proper grounding. What do you advise your client?
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