CH 17 Assignment Questions

 

 

1.      Alex bought a brand new lawnmower.  Before he could mow his lawn with it, his son Devin came home and thought he would surprise his dad by mowing the lawn for him.  Devin started the lawnmower and began pushing it over the lawn when one of the blades from the mower flew off due to a faulty bolt.  Devin’s leg was almost severed off, and he was rushed to the hospital where doctors were able to save his life.  Alex brought suit against the lawnmower manufacturer under a theory of strict liability and defect in design, but the manufacturer argued it should not have to pay because Devin was using the lawnmower, not Alex -- who had purchased it.  How would you decide and for whom?  Explain thoroughly.

 

2.      Jennifer bought a steel bristle brush to help remove paint from her garage, which she was in the process of renovating and re-painting.  She put it in her shed to store it until she needed it.  One evening, she and her husband, Steve, decided to have a BBQ – the first of the year due to the good weather.  When they opened the top they realized that the grill was not properly cleaned from its last use.  Steve started the grill and told Jennifer that it would burn off most of the residue.  Jennifer said, “Wait, I have an idea!” and ran to the shed to grab the brush she had just purchased.  With the flames still on, Jennifer started to scrape the bristles against the grill to clean it.  The brush immediately burst into flames and the fire spread to Jennifer’s sleeves, burning her arm all the way to the shoulder.  Steve was finally able to put out the fire, but Jennifer had already suffered extreme 3^rd degree burns that required skin grafts.  What is the manufacturer’s MOST APPLICABLE defense against any suit Jennifer might bring for product liability?  Explain thoroughly.

 

3.      Jessie and James were trying to get their four-wheeler out of the mud, but it wouldn’t budge.  Jessie walked back home and got his truck to tow the four-wheeler out.  Jessie tied a rope to each vehicle and jumped in the cab of the truck, while James sat atop the four-wheeler, which was running.  Jessie yelled to James to “gun it” on the count of three.  Jessie yelled, “1, 2, 3” and ON three he slammed his foot on the gas.  James, who thought Jessie meant he would count to three and THEN accelerate, was not ready for the acceleration and was thrown from the four-wheeler and injured. 

 

a.      If, in a comparative negligence state, a jury finds damages in the amount of $200,000 on James’ claim, and apportions blame as Jessie 65%, James 35%, how much will James receive?

b.      What would happen to James’ damages if this were, instead, a contributory negligence state?

c.       Using the internet to research, can you please let me know what kind of negligence standard Maine follows:  comparative or contributory?