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Quiz 7 :

Strict Liability and Product Liability

Quiz 7 :

Strict Liability and Product Liability

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lanes, collided with another snow tuber, and was injured. Elaine filed a negligence action against Ragged Mountain seeking compensation for the injuries that she sustained. Two years earlier, the New Hampshire state legislature had enacted a statute that prohibited a person who participates in the sport of skiing from suing a ski-area operator for injuries caused by the risks inherent in skiing. Using the information presented in the chapter, answer the following questions. Now suppose that the jury concludes that Elaine was partly at fault for the accident. Under what theory might her damages be reduced in proportion to the degree to which her actions contributed to the accident and her resulting injuries? DEBATE THIS: Each time a state legislature enacts a law that applies the assumption of risk doctrine to a particular sport, participants in that sport suffer.
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Comparative Theory of Negligence
Every individual is responsible for taking care of themselves to some extent. Under comparative negligence, negligence on the part of both the parties is taken into consideration and damages are distributed accordingly. In this, the fault of each party is computed in terms of percentage. The party having maximum percentage share of faults will recover nothing.
In this case, if the Jury concludes that A was partly at fault for the accident as she knew there was no trainer, still she decided to do snow tube. Thus, as per comparative negligence, if A was partly at fault, then according to the percentage of her fault her compensation will be reduced accordingly.

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Defenses to Negligence Neal Peterson's entire family skied, and Peterson started skiing at the age of two. In 2000, at the age of eleven, Peterson was in his fourth year as a member of a ski race team. After a race one morning in February, Peterson continued to practice his skills through the afternoon. Coming down a slope very fast, at a point at which his skis were not touching the ground, Peterson collided with David Donahue. Donahue, a forty-three-year-old advanced skier, was skating (skiing slowly) across the slope toward the parking lot. Peterson and Donahue knew that falls, collisions, accidents, and injuries were possible with skiing. Donahue saw Peterson "split seconds" before the impact, which knocked Donahue out of his skis and down the slope ten or twelve feet. When Donahue saw Peterson lying motionless nearby, he immediately sought help. To recover for his injuries, Peterson fi led a suit in a Minnesota state court against Donahue, alleging negligence. Based on these facts, which defense to a claim of negligence is Donahue most likely to assert? How is the court likely to apply that defense and rule on Peterson's claim? Why? [ Peterson ex rel. Peterson v. Donahue, 733 N.W.2d 790 (Minn.App. 2007)]
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D will most likely to take the defense of assumption of risk for the claim of negligence. Assumption of risk underlines the two main principles,
i. There must be knowledge of the risk and,
ii. The plaintiff had taken the risk voluntarily.
While doing skiing D and P were aware of the fact that it can lead to falls, collisions, and injuries.
Therefore, it is presumed that skiing involves certain degree of risk. Hence, D can take this defense. Even court will assume this defense as there are certain activities where there is assumption of risk and skiing is one of those activities.

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lanes, collided with another snow tuber, and was injured. Elaine filed a negligence action against Ragged Mountain seeking compensation for the injuries that she sustained. Two years earlier, the New Hampshire state legislature had enacted a statute that prohibited a person who participates in the sport of skiing from suing a ski-area operator for injuries caused by the risks inherent in skiing. Using the information presented in the chapter, answer the following questions. What defense will Ragged Mountain probably assert? DEBATE THIS: Each time a state legislature enacts a law that applies the assumption of risk doctrine to a particular sport, participants in that sport suffer.
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RM resort probably will take the defense of the assumption of risk that the plaintiff is aware about the risks associated with the snow tubers.
It is generally assumed that each and every individual participating in the ski and snow tubers have full knowledge about the risk involved and they are willingly ready to take such risk.
In this case, A has decided to go for snow tube in the absence of trainer, thereby assuming risks for the same. So, there is no fault on the part of RM Ski resort as A has assumed the risk on her own knowingly that the trainer is not there to train.

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lanes, collided with another snow tuber, and was injured. Elaine filed a negligence action against Ragged Mountain seeking compensation for the injuries that she sustained. Two years earlier, the New Hampshire state legislature had enacted a statute that prohibited a person who participates in the sport of skiing from suing a ski-area operator for injuries caused by the risks inherent in skiing. Using the information presented in the chapter, answer the following questions. The central question in this case is whether the state statute establishing that skiers assume the risks inherent in the sport bars Elaine's suit. What would your decision be on this issue? Why? DEBATE THIS: Each time a state legislature enacts a law that applies the assumption of risk doctrine to a particular sport, participants in that sport suffer.
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Negligence Shannon's physician gives her some pain medication and tells her not to drive after she takes it, as the medication induces drowsiness. In spite of the doctor's warning, Shannon decides to drive to the store while on the medication. Owing to her lack of alertness, she fails to stop at a traffic light and crashes into another vehicle, causing a passenger in that vehicle to be injured. Is Shannon liable for the tort of negligence? Explain fully.
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Negligence and Multiparty Liability Alice Banks was injured when a chair she was sitting on at an Elks club collapsed. As a result of her injury, Dr. Robert Boyce performed the surgery on her back, fusing certain vertebrae. However, Boyce fused the wrong vertebrae and then had to perform a second surgery to correct the error. Then, during rehabilitation at a nursing home, Banks developed a serious staph infection that required additional surgeries and extensive care and treatment. She sued the Elks club and Boyce for negligence. The Elks club and Boyce filed motions against each other and also sued the nursing home. After complicated holdings by lower courts, the Tennessee Supreme Court reviewed the matter. Did the Elks club have primary liability for all of the injuries suffered by Banks after the initial accident, or did each defendant alone contribute to Banks's injuries? Explain. [ Ranks v. Elks Club Pride of Tennessee, 301 S.W.3d 214 (Sup.Ct.Tenn. 2010)]
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Negligence Per Se A North Carolina Department of Transportation regulation prohibits the placement of telephone booths within a public right-of-way. Despite this regulation, GTE South, Inc., placed a booth in the right-of-way near the intersection of Hillsborough and Sparger Roads in Durham County. A pedestrian, Laura Baldwin, was using the booth when an accident at the intersection caused a dump truck to cross the right-of-way and smash into the booth. Was Baldwin within the class of persons protected by the regulation? If so, did GTE's placement of the booth constitute negligence per se? Explain.
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To watch this chapter's video, Jaws, go to www. cengagebrain.com and register your access code that came with your new book or log in to your existing Cengage account. Select the link for the "Business Law Digital Video Library Online Access" or "Business Law CourseMate." Click on "Complete Video List," view Video 56, and then answer the following questions: (a) In the video, the mayor (Murray Hamilton) and a few other men try to persuade Chief Brody (Roy Scheider) not to close the town's beaches. If Brody keeps the beaches open and a swimmer is injured or killed because he failed to warn swimmers about the potential shark danger, has Brody committed the tort of negligence? Explain. (b) Can Chief Brody be held liable for any injuries or deaths to swimmers under the doctrine of strict liability? Why or why not? (c) Suppose that Chief Brody goes against the mayor's instructions and warns townspeople to stay off the beach. Nevertheless, several swimmers do not heed his warning and are injured as a result. What defense or defenses could Brody raise under these circumstances if he is sued for negligence?
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Proximate Cause Sixteen-year-old Galen Stoller was killed at a railroad crossing when an Amtrak passenger train hit the vehicle he was driving on a county road in Rowe, New Mexico. His parents, Maida Henderson and Ken Stoller, fi led a lawsuit against Burlington Northern Santa Fe Railroad Corporation (BNSF), among others. The parents accused the railroad of negligence in the design and maintenance of the crossing. Specifically, they claimed that the railroad had failed to (1) clear excessive vegetation from the crossing area and (2) install active warning devices (such as flashing lights, bells, or gates to warn of approaching trains). The crossing was marked with a stop sign and a railroad-crossing symbol. Submitted photos revealed that the sign was unobstructed. Although it was clear that Galen's car was on the tracks when the train collided with the vehicle, the parties disputed whether Galen had stopped at the stop sign. New Mexico law requires "a traveler approaching an open, unguarded railroad crossing... to stop, look and listen for trains using the tracks." Under state law, a driver's failure to "stop, look and listen" will be deemed the sole proximate cause of the collision, unless sufficient evidence exists from which a jury could conclude that the railroad was also negligent. The district court granted a summary judgment in favor of the railroad, and the plaintiffs appealed. Was there sufficient evidence that the railroad was negligent? How should the appellate court rule concerning the proximate cause of the accident? Explain. [Henderson v. National Railroad Passenger Corp., ___ F.3d ___ (10th Cir. 2011)]
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Negligence Mitsubishi Motors North America, Inc., operates an auto plant in Normal, Illinois. In 2003, TNT Logistics Corp. coordinated deliveries of auto parts to the plant, and DeKeyser Express, Inc., transported the parts. On January 21, TNT told DeKeyser to transport three pallets of parts from Trelleborg YSH, Inc., to the plant. DeKeyser dispatched its driver Lola Camp. At Trelleborg's loading dock, Camp noticed that the pallets would fit inside the trailer only if they were stacked. Camp was concerned that the load might shift during transport. DeKeyser dispatcher Ken Kasprzak and TNT supervisor Alan Marten told her that she would not be liable for any damage. Trelleborg loaded the pallets, and Camp drove to TNT's dock in Normal. When she opened the trailer door, the top pallet slipped. As Camp tried to close the door to prevent the pallet from falling, she injured her shoulder and arm. She filed a suit against TNT and Trelleborg, claiming negligence. What is their defense? Discuss. [ Camp v. TNT Logistics Corp., 553 R3d 502 (7th Cir. 2009)]
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QUESTION WITH SAMPLE ANSWER: Duty of Care. Ruth carelessly parks her car on a steep hill, leaves the car in neutral, and fails to engage the parking brake. The car rolls down the hill and knocks down a power line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a barn one mile away. The barn houses dynamite, and the burning barn explodes, causing part of the roof to fall on and injure Jim, a passing motorist. Which element of negligence is of the greatest concern here? What legal doctrine resolves this issue? Will Jim be able to recover damages from Ruth? Explain your answer.
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lanes, collided with another snow tuber, and was injured. Elaine filed a negligence action against Ragged Mountain seeking compensation for the injuries that she sustained. Two years earlier, the New Hampshire state legislature had enacted a statute that prohibited a person who participates in the sport of skiing from suing a ski-area operator for injuries caused by the risks inherent in skiing. Using the information presented in the chapter, answer the following questions. Suppose that the court concludes that the statute applies only to skiing and not to snow tubing. Will Elaine's lawsuit be successful? Explain. DEBATE THIS: Each time a state legislature enacts a law that applies the assumption of risk doctrine to a particular sport, participants in that sport suffer.
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A QUESTION OF ETHICS: Dram Shop Acts. Donald and Gloria Bowden hosted a late afternoon cookout at their home in South Carolina, inviting mostly business acquaintances. Justin Parks, who was nineteen years old, attended the party. Alcoholic beverages were available to all of the guests, even those who, like Parks, were not minors but were underage. Parks consumed alcohol at the party and left with other guests. One of these guests detained Parks at the guest's home to give Parks time to "sober up." Parks then drove himself from this guest's home and was killed in a one-car accident. At the time of death, he had a blood alcohol content of 0.291 percent, which exceeded the state's limit for driving a motor vehicle. Linda Marcum, Parks's mother, filed a suit in a South Carolina state court against the Bowdens and others, alleging that they were negligent. [ Marcum v. Bowden, 372 S.C. 452, 643 S.E.2d 85 (2007)] (a) Considering the principles discussed in this chapter, what are arguments in favor of, and against, holding social hosts liable in this situation? Explain. (b) The states vary widely in assessing liability and imposing sanctions in the circumstances described in this problem. In other words, justice is not equal for parents and other social hosts who serve alcoholic beverages to underage individuals. Why is that?
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Strict Liability Danny and Marion Klein were injured when part of a fireworks display went astray and exploded near them. They sued Pyrodyne Corp., the pyrotechnic company that was hired to set up and discharge the fireworks, alleging, among other things, that the company should be strictly liable for damages caused by the fireworks display. Will the court agree with the Kleins? What factors will the court consider in making its decision? Discuss fully.
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