Reference no: EM132260399
Paul, a mechanical engineer, bought a lawnmower from Lawncore Co. for $999. The salesman said it was a good quality lawnmower and even professionals used the same one. There had never been a complaint. It had a 5 year limited warranty on parts and labor. There was also a disclaimer that the manufacturer, designer and retailer were not responsible for any injuries caused by improper assembly or use. Everything was assembled by Lawncore, except the handle needed to be attached at home. The mower was assembled on March 1. Paul did not get a chance to use it until April 4.
When he started cutting his lawn it suddenly stopped working. He did not get to finish cutting his lawn. He examined it and thought he had assembled it wrong. He started taking it apart. He put it back together and then started it. When it started, the engine exploded and pieces of metal flew into his eyes and cut his son’s arm. His wife drove them to the hospital. The son’s arm had to be amputated. Paul lost the use of his eyes and he became permanently blind. Since Paul worked as an independent contractor, he and his family did not have medical insurance. His medical bills amounted to $100,000 and his son’s were $90,000.
At the trial, Paul’s attorney argued that the company, designer, salesman and the salesperson should be liable for all the medical bills, loss of earnings, future earnings because of their defective design and product. Paul’s wife testified that she researched the complaints and discovered that it had a 1 star and that there had been 1000 complaints of defects. An expert testified that Paul’s loss of earnings were $10,000,000 and the son’s damages were $2,000,000.
The defendants argued that they should not have to pay Paul or his son anything. They argued that Paul did not correctly put the lawnmower back together. He should have brought it into the shop and let them work on it because that’s what warranties are designed to do.
Who should win this case? Explain why you decided it that way.
If Paul wins, how much would you award him?
The son?
Would you award any punitive damages? Explain
Were any warranties breached? Explain.