What are the elements of negligence

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Question

John Deere Company makes and sells table saws. They have a design that makes the product safe if it is used properly. Leo buys a John Deer table saw from Sears. Leo's neighbor sees the saw and asks Leo whether he can borrow it to make a shelf. Leo loans the saw to his neighbor. Neighbor walks the saw to his garage and sets the saw on table in his garage. Neighbor climbs onto the table to remove an item from the overhead shelf rack. Neighbor loses his footing and slips. Neighbor falls on the blade and is injured. Neighbor files a product liability lawsuit against John Deere, on the grounds of negligence. Please answer the following questions:

1. What are the elements of Negligence? Show how they apply in products liability.

2. What are defects? What type of defects are available in products liability? Which defects are applicable in this scenario?

3. Is it foreseeable that someone will misuse the product in the manner given in the scenario?

4. What are the defenses John Deere can use to avoid liability? Who will prevail in this lawsuit? Please explain why you came to your conclusion.

Reference no: EM133681584

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