Good quality lawnmower-would you award any punitive damages

Assignment Help Operation Management
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.

Reference no: EM132260399

Questions Cloud

Formulate linear programming model : The available times for these three resources are 80 hours, 90 hours, and 65 hours, respectively. Formulate a linear programming model.
What is the purpose of dummy tasks : What is the purpose of dummy tasks, and on what types of project would you use them for budgeting purposes?
Would you investigate customer complaints further : Would you investigate customer complaints further? If so, how would you proceed to understand if there is a problem with service?
Develop formal training plan for equal employment : Develop a formal training plan for Equal Employment Opportunity
Good quality lawnmower-would you award any punitive damages : The salesman said it was a good quality lawnmower and even professionals used the same one. Would you award any punitive damages? Explain
Attempted burglary and possession of burglary tools : Tommy Transmitter planned to burglarize a local audio/video dealer. Tommy was subsequently charged with attempted burglary and possession of burglary tools.
How to reduce paper and plastic waste in the workplace : The problem : How to reduce paper(office) and plastic waste(cafeteria) in the workplace?
List your individual goals for professional development : Based upon the results, list your individual goals for professional development as a leader.
First printing has contracts with legal firms : First Printing has contracts with legal firms in San Francisco to copy their court documents.

Reviews

Write a Review

Operation Management Questions & Answers

  Key points of failure for it project business cases

Create a post discussing the process of drafting a business case and the information in "Key Points of Failure for IT Project Business Cases". What aspects of the business case might be the most difficult to complete in the business world? Why? Which..

  What role should government play

Do you think the government should ban advertisements directed toward children? Why or why not?What role do parents play?

  Speedy wheels is wholesale distributor of bicycles

Speedy Wheels is a wholesale distributor of bicycles for the western United States.

  Advantage for microsoft and provide economies of scope

In what way did the acquisition of Skype improve competitive advantage for Microsoft and provide economies of scope?

  Effectively use the line-and-staff organization structure

When should business owners and managers be looking for great employees: Small business owners cannot effectively use the line-and-staff organization structure.

  Discuss what it is for an organization to create value

Define/explain/discuss what it is for an organization to “create value” for its customers and provide at least 2 specific examples of value creation.

  Research the cultural differences in country

Using the internet, research the cultural differences in a country (other than the U.S.) that interests you

  Safety inventory of shower curtains should megamart carry

How much safety inventory of shower curtains should MegaMart carry? What should their reorder point (ROP) be?

  Analyze competing entities including disenfranchised groups

Draft a transition to move the reader from your Diversity and Ethics section to your final section.

  Second generation traditionalists view of relationships

Which of the following is not a characteristic of a Second Generation Traditionalists view of relationships?

  What is medically indicated for the patient

What is medically indicated for the patient? Is the fact of his severe retardation medically relevant to either the doctor's or a surrogate's decision?

  Outline of risk management planprovide a brief description

outline of risk management planprovide a brief description of the projectdescribe what tools techniques and processes

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd