Reference no: EM133770849
Assignment: Tort- Products Liability
Partner Kennedy has been contacted by a potential client, Bobby Battle, who is considering moving forward with a lawsuit involving a potential products liability claim. Battle was severely burned on his stomach and legs when hot tea that he purchased via the drive-through window at a local restaurant spilled on him. Partner Kennedy has asked you to review a case that deals with similar facts in order to help you better understand the factors necessary to support strict liability/product liability cases.
Instructions:
Read the facts surrounding the following district court decision: Liebeck v. McDonald's Restaurant, 1995 WL 360309.
Then respond to the following:
I. What type of tort was alleged to have been committed in Bobby Battle's case?
II. What are the elements of that tort?
III. Identify and analyze the legal reasoning utilized by the Court to make its determination. In doing so, be sure to explain the legal standard, or rule of law, that was used to support the holding of the case as it related to the facts of that case.
IV. In one or two sentences, describe at least one policy reason for establishing these types of torts.