Susan Calles left three of her daughters—Amanda, age 11, and twins Jenna and Jillian, age 3—home while she ran an errand with her fourth daughter, Victoria, age 5. While she was out, Jenna started a fire with an Aim N Flame utility lighter Calles had recently purchased. Jillian suffered smoke inhalation and died less than a month later. Calles filed suit against Tokai, the designer and manufacturer of the Aim N Flame, and Scripto-Tokai, the distributor (collectively Scripto), on grounds of strict liability alleging, that the Aim N Flame was defectively designed and unreasonably dangerous because it lacked a child-resistant safety device. Scripto filed a motion for summary judgment, which was granted by the trial court. Calles appealed and the motion for summary judgment was reversed by the appellate court. Scripto appealed to the Illinois Supreme Court. The questions that follow will help you to think more critically about the court’s decision to use risk-utility analysis in Case 13-4.

1. To demonstrate your awareness of the guiding power of ethical norms, identify the primary ethical norm that would lead to the use of risk-utility analysis.
Clue: To answer this question, you may want to reread the court’s discussion of each test.
2. In Case 13-4, the court selects risk-utility analysis as the test to apply in making its decision.What are its reasons for making this selection?
Clue: You know the court’s holding. Every group of sentences that answers the question,“Why is that the holding?” provides a reason.