| Problem 20.1 In which of the following situations should the plaintiff be able to recover based on strict liability? Give your resons. a. Anytown's waste treatment plant develops a leak, and harmful bacteria are released into the town's water supply. Hundreds of families become sick. b. Anita brings her car to a mechanic for repairs. As she enters the garage, she slips on spilled motor oil and breaks her ankle. c. Donna drives by a construction site in a downtown shopping district. Following a sudden blast from the site, she is injured by piece of cement that crushes through her windshield. d. Choo Lee is eating lunch at a cafeteria, A waiter races by and knocks a pot of coffee into Choo's lap, burning him badly. Problem 20.4 a. Make a list of five items that are or can be dangerous to use. b. For each itm, decide whethher yhe governemtn should ban it, regulate it (for example, provide warnings) or take noaction at all. c. Explain why you treated each item as you did. Consider in your explanation both the danger(s) and benefits(s) of each item. Problem 20.6 Kelly is shot during a robbery by a person using a "Saturday night speacial" handgun. The robber is arrested, convicted, and sent to jail. In a civil suit, Kelly sues the manuafaturer of the gun, arguing that the manuafactuer produced and sold a product it knew was unreasonably dangerous and that strict liability should be applied. How should this case be decide? Give your reasons. Do the benefits outweigh the dangers? Problem 20.7 In each of the following cases, the injured person sues the manufacturer for damages based on strict liability. Does the defendant have a good defense? Give your reasons. a. Harriet's parents give her a teddy bear on her sixth birthday. While playing with the teddy bear, she pulls out one of the toy's eyes. The sharp pin which held the eye in place punctures her skin, causing seious injury, b. Marilyn is rushing to complete her housework so she can go out on a date with Ted. To speed up the defrosting of her frezzer, she uses her hair dryer. A melting piece of ice hits the hair dryer, ahd she receives a serious electric shock. The warning on the dryer says, "Electroction possible if used or dropped in tub. Unplug after using". c. Monica,12,leaves her plastic building blocks out of thier box after playing with them. The box says the product is for chilren aged 10 and older. Her younger brother Micah, 2, swallows one of the small plastic blocks and has to go to the hospital for surgery. d. In order to chagne the oil, Jay drives his car up a ramp onto cinder blocks. While he works under the car, a blick collapses and he breaks a leg. |