Case Study-Product Liablility

  Order Description Case Study: Product Liability   AndySimon purchased a Tough Boy lawnmower with a 6 horsepower engin" rel="nofollow">ine on June 1, 2007. Havin" rel="nofollow">ing read the assembly and operatin" rel="nofollow">ing in" rel="nofollow">instructions carefully, he removed the engin" rel="nofollow">ine from the mower and in" rel="nofollow">installed it on a go-kart. He made no serious modification to the engin" rel="nofollow">ine other than to in" rel="nofollow">increase the size of the fuel tank. He used the go-kart without in" rel="nofollow">incident for several months, often permittin" rel="nofollow">ing his neighbor’s teenage son, I. M. Risky, to drive it around his farm on the edge of Marshall. On August 12, 2007, fin" rel="nofollow">indin" rel="nofollow">ing Simon gone, Risky went in" rel="nofollow">into Simon’s shed, removed the go-kart and took it for a ride around the farm. It had rain" rel="nofollow">ined the night before, so the go-kart became covered with mud as Risky drove around the farm paths. When Risky approached Simon’s shed, the motor overheated. Not knowin" rel="nofollow">ing what happened, Risky opened the gas tank to see if the go-kart was out of gas. Some drops of gas fell on the engin" rel="nofollow">ine and ignited the go-kart. Risky was severely burned on the hands and arms. Risky had often borrowed tools from Simon without askin" rel="nofollow">ing permission, but had never before taken the go-kart without express approval. Assume Risky is 16-years old. Assume further that the Tough Boy manual contain" rel="nofollow">ins a precautionary note to the effect that “said engin" rel="nofollow">ine should not be removed from the lawnmower or used for any purpose other than powerin" rel="nofollow">ing your Tough Boy lawnmower.” Assume further that there are no warranties created or excluded in" rel="nofollow">in the manual. Risky (and his parents) want to sueSimon and Tough Boy seekin" rel="nofollow">ing damages for his in" rel="nofollow">injuries. Risky comes to your office lookin" rel="nofollow">ing for representation. The senior partner requests that you write an in" rel="nofollow">internal memorandum to explore the merits of the case.