Reference no: EM132227618
1. Bob, a sole proprietor, owns a well-know aquatic park in the city of Santa Barbara. One day, one of Bobs worst employees was messing around with the music system set up in the back. Without acknowledgement, Bob’s worst employee tripped on a wire and accidentally cut the wire to the point were there was a dangerous shortage. John, Bob’s newest employee noticed the accident and immediately notified Bob. Without taking a second look, Bob told John, “I am sure it’s not big deal, just get back to work.” Next week, a child was playing near the pool in the back and when jumping in the pool, the child tripped on the cord and got electrocuted. The child had 3rd degree burns resulting in a hospital bill of $160,000. The child’s mother consults with you and asks whether they have a personal injury claim against Bob, even though it was Bob’s employee’s fault? Please use IRAC.
2. Murphy, an adventurous senior citizen, bought a new outdoor electric chair from Santa Barbara Chairs. The chairs acquired the chairs from a supplier called Chair Supplier, Inc. The chair was manufactured by a new company called Resla. Resla is known to produce high quality electric chairs at affordable prices. One week after Ms. Murphy bought her new chair she decided to go give it a try at the sand dunes in Pismo Beach. While she was riding her chair, she began to smell something burning. Two minutes later, the chair exploded from the back and Ms. Murphy went flying. Due to the electric chair exploding Ms. Murphy broke an arm and a leg. While investigating the accident, it was discovered that Ms. Murphy was not the only person whose Resla Electric Chair had exploded. It was also discovered that the problem was a cheap wire that was used, the wired used was 50¢ cheaper than the standard used by every other company in the United States. Ms. Murphy consults with you, the best personal injury lawyer west of the Mississippi.
A) Please tell Ms. Murphy what theories of torts can be used in this claim, and which one would you recommend she use, and why?
B) Using IRAC, please analyze this case under your chosen theory.