Reference no: EM132907824

Case #1

Haley is an inventor who developed a new product that could cool the temperature of liquids very rapidly. She named it "ICY HOT." The product was a thick ceramic plate that used electricity and a beyond-micro compressor. The temperature of the liquid in a glass placed on the plate could be lowered by 15 degrees Celsius in a matter of minutes.

Haley wanted to promote her new product and arranged with a local retail store to allow her to demonstrate ICY HOT in the store on a Saturday morning. She set up her demonstration booth and was amazing the customers with her sales banter and the effect her product had in producing iced coffees from hot coffee, which she was offering to passersby. The ceramic plate Haley used to chill the drinks was on a table in front of her, along with three other display plates that were not being used. Haley had put up a small, handwritten sign on the table indicating the plate could become so cold that it would burn skin if not handled properly.

During a quiet period at the booth, Hector, a store customer, wandered by just as Haley had turned her back and bent down to get more clean coffee glasses for the demonstrations. You know where this is going. Curious, Hector picked up a plate to examine it, not realizing it was the demonstration plate. Haley turned around just in time to see Hector scream loudly in pain and pass out on the floor, with the plate stuck to his hand. Haley, acting quickly, unplugged the plate and screamed for management to call for an ambulance. The manager, rushing up, began to pry the plate off Hector's hand, tearing the skin, before Haley stopped him and told him to leave it to the paramedics. Hector came to while the paramedics were removing the plate from his hand as they were on route to the hospital. Hector sustained significant damage to his right hand that was made worse by the manager's actions. Hector won't be able to work as a violinist with the city's orchestra again. Haley has decided to move from applied research and product development to pure research. The manager is on a first aid course.

Analyze and discuss the tort liability of the various parties involved in this fact situation.