Law, 06.10.2021 04:30 thefootballman1115
Bret D’Auguste was an experienced skier when he rented equipment to ski at Hunter Mountain Ski Bowl in New York. When D’Auguste entered an extremely difficult trail, he noticed immediately that the surface consisted of ice with almost no snow. He tried to exit the steeply declining trail by making a sharp right turn, but in the attempt, his left ski snapped off. D’Auguste lost his balance, fell, and slid down the mountain, striking his face and head against a fence along the trail. According to a report by a rental shop employee, one of the bindings on D’Auguste’s skis had a “cracked heel housing.” D’Auguste filed a lawsuit against the bindings’ manufacturer on a theory of strict product liability. The manufacturer filed a motion for summary judgment. Using the information presented in chapter 3, answer the following questions. (Product Liability.)
1) Take the position of the manufacturer, the defendant, and develop an argument why the court will grant the summary judgment motion and dismiss the strict product liability claim.
2) Take the position of D’Auguste, the plaintiff, and formulate a basis for why the court will deny the motion, and allow the strict product liability claim.
Answers: 2
Law, 19.07.2019 21:30
Martin acampora purchased a shotgun at a garage sale years ago, never used the weapon, and did not know of any defects in it. his 31-year-old son marty borrowed the shotgun to go duck hunting. as marty attempted to engage the safety mechanism, the shotgun fired. the force of the shotgun’s firing caused it to fall to the ground and to discharge another shot, which struck marty in the hand. classify the bailment in this case. what duty of care was owed by the bailor in this case? is martin liable to his son for the injury?
Answers: 1
Bret D’Auguste was an experienced skier when he rented equipment to ski at Hunter Mountain Ski Bowl...
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