Reference no: EM133515716
I have been contacted by a potential client, Tom Thomas, who is considering moving forward with a lawsuit involving a potential products liability claim. Thomas was severely burned on his stomach and legs when hot tea that he purchased via the drive-through window at a local restaurant spilled on him. I was asked you to review a case that deals, with similar facts, in order to help me better understand the factors necessary to support strict liability/product liability cases.
Please see the facts surrounding the following district court decision:
Liebeck v. McDonald's Restaurant, 1995 WL 360309.
Questions:
1. What type of tort was alleged to have been committed in Tom Thomas's case?
2. What are the elements of that tort?
3. What is the legal reasoning utilized by the Court to make its determination. How and why as it pertains to the legal standard, or rule of law, that was used to support the holding of the case as it related to the facts of that case?
4. What are three policy reasons for establishing these types of torts?