is one where the plaintiff (Clark) tried to hold the manufacturer of a paintball gun (Brass Eagle, Inc) liable for an injury to his eye when another individual (Rico) fired the gun and struck Clark in the eye. The accident happened when…
Download file to see previous pages...
was not liable under product liability law for the injury to Clark.
There were several key factors in this case including: (1) the individual who shot the paintball gun (Rico) testified that the product did not malfunction when he fired it. (2) Clark was aware that protective eyewear was available to use, but he decided not to wear any; (3) Clark knew beforehand that there was danger involved in what he was doing since he said it was “common sense” for people not to shoot anyone in the face with a paintball gun and; (4) the product did what is was expected to do under the circumstances.
Product liability can be based on the theories of negligence, misrepresentation, and strict liability. In regards negligence, the manufacturer would have to fail to exercise ‘due care’ to ensure the product is safe. This would include the design, manufacturing, and inspection. This did not happen or could be proved as shown primarily by Rico’s testimony that the gun did not malfunction.
Misrepresentation can happen if intentional mislabeling of packages happens or if product defects are concealed. Neither of these things happened with Brass Eagle and the Supreme Court case details mentioned how a warning label showing the dangers was in the package itself.
The requirements for Strict product liability under Section 402A of the Restatement (Second) of Torts is federal law that can be summarized as: (1) the product must have been in defective condition when sold; (2) the defendant must have been in the business of selling the product; (3) the product must be unreasonably dangerous to the user or consumer because of it’s defective condition; (4) the plaintiff must incur physical harm; (5) the defective condition must by the proximate cause of the injury; and (6) the goods must not have been substantially changed from the time the product was sold to when the damage occurred.
Clark could not prove that the product itself was
...Download file to see next pagesRead More
During PCR, the sought-after DNA is given a thermal shock which leads to opening of the strings. The strings are then provided the amino acids that they require to build another string. This is how PCR works. Using this procedure, millions and trillions of copies of DNA
According to the major consensus of the authors, it is found that “organization is basically a place wherein people belong to different demographics and mindset work together for the achievement of a single and pre-specified goal. In a second place, authors had
b) The shift is likely to increase saving and consumption this year while decreasing savings and consumption the following year as presented in the above diagram. There will be more money available to spend and save in the current year, while less money in the following
Further studies suggest that even though the Israelites know that Zionism has been one of the sources of conflict, they have refused to point it out. In addition to that, they have been spreading the propaganda that they were forced to drive the
The batch size would therefore comprise of the average number of times that it would add up to form the average inventory. The need is to find out how average inventory is formed up since the batch size may or may not be changed at
To check for linearity, since this is a case of linear regression with only one predictor variable and one response variable, you simple look at the dots to determine how perfectly a straight line can fit the dots
As a result, a person may not exhibit good leadership traits due to lack of exposure, skills or experiences to manage an organization.
The five important personality traits considered during job applications entail conscientiousness,
1 Pages(250 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic Homework 4 for FREE!