Reference no: EM131660027

Question: Product Liability. In January 1999, John Clark of Clarksdale, Mississippi, bought a paintball gun. Clark practiced with the gun and knew how to screw in the carbon dioxide cartridge, pump the gun, and use its safety and trigger. He hunted and had taken a course in hunter safety education. He was aware that protective eyewear was available for purchase, but he chose not to buy it. Clark also understood that it was "common sense" not to shoot anyone in the face. Chris Rico, another Clarksdale resident, owned a paintball gun made by Brass Eagle, Inc. Rico was similarly familiar with the gun's use and its risks. Clark, Rico, and their friends played a game that involved shooting paintballs at cars whose occupants also had the guns. One night, while Clark and Rico were cruising with their guns, Rico shot at Clark's car, but hit Clark in the eye. Clark filed a suit in a Mississippi state court against Brass Eagle to recover for the injury, alleging, among other things, that its gun was defectively designed. During the trial, Rico testified that his gun "never malfunctioned." In whose favor should the court rule? Why?