Order Description
Case Study: Product Liability
AndySimon purchased a Tough Boy lawnmower with a 6 horsepower engine on June 1, 2007. Having read the assembly and operating instructions carefully, he removed the engine from the mower and installed it on a go-kart. He made no serious modification to the engine other than to increase the size of the fuel tank. He used the go-kart without incident for several months, often permitting his neighbor’s teenage son, I. M. Risky, to drive it around his farm on the edge of Marshall. On August 12, 2007, finding Simon gone, Risky went into Simon’s shed, removed the go-kart and took it for a ride around the farm. It had rained the night before, so the go-kart became covered with mud as Risky drove around the farm paths. When Risky approached Simon’s shed, the motor overheated. Not knowing what happened, Risky opened the gas tank to see if the go-kart was out of gas. Some drops of gas fell on the engine and ignited the go-kart. Risky was severely burned on the hands and arms.
Risky had often borrowed tools from Simon without asking permission, but had never before taken the go-kart without express approval. Assume Risky is 16-years old. Assume further that the Tough Boy manual contains a precautionary note to the effect that “said engine should not be removed from the lawnmower or used for any purpose other than powering your Tough Boy lawnmower.” Assume further that there are no warranties created or excluded in the manual.
Risky (and his parents) want to sueSimon and Tough Boy seeking damages for his injuries. Risky comes to your office looking for representation. The senior partner requests that you write an internal memorandum to explore the merits of the case.
