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Molly Weasley bought a Great Lakes spa from Mundungus, a dealer who was selling spas at the state fair.
Weasley signed an installment contract.
Mundungus then handed her the manufacturer’s paperwork and arranged for the spa to be delivered and installed for her.
Three months later, Weasley left her six-year-old daughter, Ginny, alone in the spa.
While exploring the spa’s hydro massage jets, Ginny stuck her index finger into one of the jet holes and was unable to remove her finger from the jet.
Ginny yanked hard, injuring her finger, then panicked and screamed for help.
Molly was unable to remove Ginny's finger, and the local police and rescue team was called to assist.
After a three-hour operation that included draining the spa, sawing out a section of the spa’s plastic molding, and slicing the jet casing, Ginny's finger was freed.
Following this procedure, the spa was no longer functional.
Ginny was taken to the local emergency room, where she was told that a bone in her finger was broken in two places.

1) Under which theories of product liability can Weasley sue Mundungus to recover for Ginny's injuries?
2) Would privity of contract be required for Weasley to succeed in a product liability action against Great Lakes? Explain.
3) For an action in strict product liability against Great Lakes, what six requirements must Weasley meet?
4) What defenses to product liability might Mundungus or Great Lakes be able to assert?

Sagot :

anthougo

1) The theory of product liability under which Weasley could have sued Mundungus to recover for Ginny's injuries is strict product liability.

However, the facts do not support such a claim because the negligence of Weasley caused Ginny's injuries. How could a child of six years be left alone in a spa?

What are the theories of product liability?

The theories of product liability, which involve injury or damage caused by a defective product, include negligence, breach of contract/warranty, and strict liability.

For strict liability to be imposed on Great Lakes, Weasley must prove that the tort occurred based on Mundungus' irresponsibility.  The question is, was Mundungus responsible for caring for Ginny or her mother?

2) The Privity of contract would not be required in a product liability case against Great Lakes. Since the spa is a product of Great Lakes while Mundungus sold it to Weasley, there is no basis for Great Lakes to deny privity of contract.

What is the privity of contract?

Using privity of contract as a basis of defense means that only parties to a contract have right to sue and be sued so that they can enforce the rights and obligations arising from the contract.

3) The six requirements that Weasley must meet for action in strict product liability against Great Lakes are proving that:

  1. The spa caused Ginny to be injured and not Weasley's negligence.
  2. The spa that injured Ginny was defective.
  3. The defect of the spa caused Ginny's injury.
  4. The defect of the spa made it dangerous for Ginny.
  5. The negligence arose from Great Lakes.
  6. Great Lakes breached the contract warranty.

4) The defenses to product liability that Mundungus or Great Lakes can assert are as follows:

  1. Weasley lacks the locus standi.
  2. No duty of care was owed to Ginny by Mundungus or Great Lakes.
  3. Weasley misused the spa through her negligence.
  4. Weasley must know the riskiness of abandoning Ginny in the spa.

Thus, none of the theories of product liability supports Weasley's case.

Learn more about the theories of product liability at https://brainly.com/question/17202560

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