Under which theory or theories of product liability can Kolchek sue to recover for Litisha’s injuries? Could Kolchek sue Porter or Great Lakes?
In the case of Kolchek suing to recover for Litisha’s injuries, she can sure under the negligence liability. Every product should be fully tested in every way possible to see if the product functions correctly and will it injure individuals. There should not have been a whole that is not covered. Like stated in our book The Legal Environment of Business, “if a manufacture fails to exercise “due care” to make a product safe, a person who is injured by the product may sue the manufacture for negligence”. Kolchek could sue the manufacture. In this case ...view middle of the document...
The product must be in a defective condition when the defendant sells it.
2. The defendant normally must be engaged in the business of selling that product.
3. The product must be unreasonably dangerous to the user or consumer because of its effective condition.
4. The plaintiff must incur physical harm to self or property by use or consumption of the product.
5. The defective condition must be the proximate cause of the injury or damage
The goods must not have been substantially changed from the time the product was sold to the time the injury was sustained.
4.What defenses to product liability might Porter or Great Lakes be able to assert?
The defense that Porter can take is they are not the maker of the product, but rather just the company selling the product to buyers. When companies like Porter purchase products from manufacture they are not able to open up the product to analyze the product themselves, so their would have not been no way Porter could have known the product had an defect. As for Great Lakes, they could claim the product was misused or blame the incident on the parent. As for me I would never leave my 6 year old child alone in a spa tube. There are numerous things that could happen. A six year old is a child and has no knowledge of what he or she does and what can really harm them. Children love to explore. The parent should not have never leave their child alone in the spa. The product was also misused. The spa wasn’t made for putting fingers or any type of body parts in holes. The holes are there for water to flow out not to stick things in it.
5. There are persons that argue that strict liability...