A dealer who was selling spas at the state fair

Assignment Help Business Law and Ethics

Reference no: EM13796647

Shalene Kolchek bought a Great Lakes spa from Val Porter, a dealer who was selling spas at the state fair. Kolchek signed an installment contract; then Porer and Kolchek arranged for the spa to be delivered and installed to her the next day. Three months later, Kolchek left her six-year old daughter, Litisha, alone in the spa. While exploring the spa's hydromassage jets, Litisha stuck her index finger into one of the jet holes and was unable to remove her finger from the jet. Litisha yanked hard, injuring her finger, than panicked and screamed for help. Kolchek was unable to remove Litisha's finger, and the local police and rescue team were 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, Litisha's finger was freed. Following this procedure, the spa was no longer functional. Litisha was taken to the local emergency room, where she was told that a bone in her finger was broken in two places. Using the information presented in the chapter, answer the following questions.

Under which theory or theories of product liability can Kolchek sue to recover for Litisha's injuries? Could Kolchek sue Porter on Great Lakes?
Would privity of contract be required for Kolchek to succeed in a product liability action against Great Lakes?
For an action in strict product liability against Great Lakes, what six requirements must Kolcheck meet?
What defenses to product liability might Porter or Great Lakes be able to assert?

Reference no: EM13796647

Questions Cloud

Explain the difference between theology and philosophy : explaining at least two approaches to the nature and existence of God. Explain the difference between theology and philosophy.

Major international political event in past three years : Research paper 6 to 7 pages on a major international political event in the past three years that has impacted the United States Foreign policy. Must have these 5 parts:

Intellectual property and internet law : Two computer science majors, Trent and Xavier, have an idea for a new video game, which the propose to call "Hallowed." They form a business and begin developing their idea. Several months later, Trent and Xavier run into a problem with their design ..

Health care fraud and the consequences of health : Analyze health care fraud and the consequences of health care fraud on the following:

A dealer who was selling spas at the state fair : Shalene Kolchek bought a Great Lakes spa from Val Porter, a dealer who was selling spas at the state fair. Kolchek signed an installment contract; then Porer and Kolchek arranged for the spa to be delivered and installed to her the next day. Three mo..

Broken window theory : Assignment 2 is to conduct and write a literature review pertaining to the leadership topic you have chosen "Broken Window Theory". The literature review should be written using both primary and secondary sources. The literature review should be..

Paper on american federalism : Write a three to four (3-4) page paper on American federalism in which you: Provide three (3) examples of how federalism has evolved from its origins to the American political system in place today.

Preparations for construction of a housing development : Riverside Bayview Homes, Inc. (Riverside), owned 80 acres of low-lying marshland (wet-lands) near the shores of Lake St. Clair in Macomb County, Michigan. Riverside began to place fill materials on its property as part of its preparations for constru..

Drug regulationjoseph wahba had a prescription : 44.4 Drug RegulationJoseph Wahba had a prescription filled at Zuckerman's Pharmacy (Zuckerman's) in Brooklyn, New York. The prescription was for Lomotil, a drug used to counteract stomach disorders.

User Account

All Pages