Squirt gun mishap-regarding a lawsuit

Assignment Help Operation Management
Reference no: EM13784861

"Squirt Gun Mishap." Zora decided to purchase a large squirt gun for her son, Rambo, to use while playing in the pool. The squirt gun was of the very elaborate variety and had a number of different attachments for different sprays of water. The squirt gun came with instructions for assembly and use, and provided warnings against various types of misuse. The pamphlet that came with the squirt gun advised that the squirt gun should be used only under adult supervision, that it must not be used by children under eleven, and that nothing should be put into the squirt gun except water. Rambo had a party for his tenth birthday at the pool. A number of children came. One of the children, Sam, who was ten years old at that time, decided to load pebbles along with water into the gun. He began shooting with the pebbles and hit Alice in the eye, requiring an emergency room visit. Alice required some minor surgery, but sustained no permanent injury. Alice's parents complained that they looked at the squirt gun when they initially arrived at the party but did not notice any warnings whatsoever affixed directly to the product. Alice's parents want to sue someone for something, but they do not particularly want to sue Rambo's mother.

Which of the following is true regarding a lawsuit brought by Alice's parents against the manufacturer for negligence?

a) Because neither Alice nor her parents were in privity of contract with the seller, no one other than Rambo's mother may be sued for negligence.

b) Although privity of contract is not an issue, Alice's parents would be unable to prevail in an action against the manufacturer for negligence because they did not read the instruction booklet.

c) Alice's parents would be prohibited from suing the manufacturer because of the federal law prohibiting lawsuits for failure to warn in cases involving children.

d) Privity of contract is not necessary in order to sue for negligence so the fact that neither Alice nor her parents were in privity of contract with the seller would not prevent a negligence based action.

e) Although privity of contract is not an issue, Alice's parents would be unable to prevail in a negligence action because Alice did not sustain permanent physical injury.

Reference no: EM13784861

Managers demonstrate their support of diversity efforts

Managers demonstrate their support of diversity efforts by allocating time and money to diversity activities, backing the recommendations of problem-solving task forces, and c

How to improve the company current supply chain

Review another restaurant chain that does not currently have a major public problem but would benefit from evaluating its manufacturing process to improve competitiveness. Spe

Patenting procedure compared to the recent changes in law

In the past, in the United States, patent protection was granted to the first person to invent a given product or process, even though another person may be the first to file

Process used in design of the internal pay structure matter

Why does the process used in the design of the internal pay structure matter?  Distinguish between the processes used to design and administer a person-based and a job-based a

Determine the weekly production schedule

Hawaii Sugar Company produces brown sugar, processed (white) sugar, powdered sugar, and molasses from sugar cane syrup. The company purchases 4000 tons of syrup weekly and is

Single most important requirement for managerial success

Some people have suggested that understanding human behavior at work is the single most important requirement for managerial success. Do you agree or disagree with this statem

Performance measured-evaluated all time instead of simply

Why are employees having their performance measured and evaluated all the time instead of simply being left along to do their job? Can performance on some jobs simply not be m

What is the labor productivity of this operation

In an assembly operation at a furniture factory, six employees assembled an average of 450 standard dining chairs per five-day week. What is the labor productivity of this ope


Write a Review

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd