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

  Book review - the goal

Operations Management is about a book review. Title of the book is "Goal". This book has been written by Dr. Eliyahu Goldartt. The book has been appreciated by many as one of those books which offers an insight into the operations and strategic capac..

  Operational plan in hospitality enterprise

Operational plan pertaining to a hospitality enterprise is given in detail in the solution. The operational plan is an important plan or preparation which gives guidelines regarding the role and responsibilities of each and every operation at all lev..

  Managing operations and information

Recognise the importance of a strategic approach to the development and deployment of organisational information systems. Demonstrate an understanding of the importance of databases and their integration to the organisation's overall information mana..

  A make-or-buy analysis

An analysis of the holding costs, including the appropriate annual holding cost rate.

  Evolution and contributor of operations management

Briefly explain Evolution and contributor of Operations management.

  Functions and responsibilities of an operations manager

A number of drivers of change have transformed the roles, functions and responsibilities of an operations manager over recent years. These drivers have not only been based on technological innovations but also on the need for organisations to develop..

  Compute the optimal order quantity

Compute the Optimal Order quantity of DVD players. Determine the appropriate reorder point.

  Relationship to operations practice in the organisation

Evaluate problems in operations and identify approaches to overcoming them. Critically evaluate operating plans and identify areas for improvement. Justify, implement and evaluate changes to operations in line with modern approaches.

  A make or buy analysis

Develop a report for Figi Fabricating that will address the question of whether the company should continue to purchase the part from the supplier or begin to produce the part itself.

  Prepare a staffing plan

Prepare a staffing plan showing the change of your unit from medical/surgical staffing to oncology staffing.

  Leadership styles in different organizations

Ccompare the effectiveness of different leadership styles in different organizations

  Risk management tools and models

Be able to understand the concept of risk, roles and responsibilities for risk management and risk management tools and models.

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