Mason Anderson is the President and Chief Executive Officer of Nova Plastics Corporation (“NPC”). NPC promoted its gas container as child proof on its website, infomercials and magazine ads. NPC claimed that it was impossible for a child to open the gas can. All of the ads and infomercials were created by NPC’s President. A two-year old child was playing alone in the backyard and managed to pick up a gas can made by NPC that the father had just placed on the patio table. The child was able to remove the gas can’s cap and carry the container to a nearby storage room. The father discovered the child sitting in a puddle of gasoline and ran to pick him up. However, the gasoline vapors ignited and the child’s clothing caught fire. As the Dad turned to run out of the storage room with the burning child, the gas can exploded, burning the father’s leg. The child suffered third degree burns on the lower half of his body. The parents of the child claimed that the child would not have been burned if the gas container was equipped with a more effective child resistant cap.
a. What legal claims, if any, can be brought by the parents? Explain fully. Be sure to analyze the parents potential for success on these claims.
b. What defenses could be raised by the defendants? Explain fully.
3. ABC Moving hired Bob as a driver to operate a moving van. Before allowing Bob to operate the van, ABC Moving checked Bob’s prior job references, required him to undergo a physical examination by a medical doctor, and provided Bob with extensive training in motor vehicle safety. The doctor who examined Bob discovered that Bob had a sleep disorder that caused him to spontaneously fall asleep and that Bob had on several occasions fallen asleep while driving. Bob pleaded with the doctor not to inform ABC Moving of the sleep disorder. The doctor agreed, and omitted this information from the physical examination that he sent to ABC Moving and assured ABC Moving that that Bob was fit for employment. ABC Moving then hires Bob as a moving van driver for the company.
While Bob was on his way to a moving job, the van lurched forward and struck a Avery as he was crossing the street in cross walk. Avery suffered severe injuries as a result. Avery filed a lawsuit for damages as a result of injuries sustained in the accident.
a. Can Avery prevail under the doctrine of res ipsa loquitur concerning Bob’s alleged negligence. Explain fully.
b. What legal claim can Avery make against ABC Moving and who is likely to win the lawsuit? Explain fully.