Product Liability

1.      Product Liability: Carmen buys a television set manufactured by AKI Electronics. She is going on vacation, so she takes the set to her mother’s house for her mother to use. Because the set is defective, it explodes, causing considerable damage to her mothers’ house. Carmen’s mother sues AKI for the damage to her house.

(1) discuss the theories under which Carmen’s mother can recover from AKI. Explain in one to two paragraphs.

2. Implied Warranties: Tendy purchased a washing machine from Marshall Appliances. The sales contract included a provision explicitly disclaiming all express and implied warranties, including the implied warranty of merchantability. The disclaimer was printed in the same size and color as the rest of the contract. The machine turned out to be a “lemon” and never functioned properly. Tandy sought a refund of the purchase price, claiming that Marshall had breached the implied warranty of merchantability.

(1) Can Tandy recover her payment, notwithstanding the warranty disclaimer in the contract? Explain in one to two paragraphs.

3. Product Misuse: Five-year-old Cheyenne Stark was riding in he backseat of her parent’s Ford Taurus. Cheyenne was not sitting in a booster seat. Instead, she was using a seatbelt designed by Ford, but was wearing the shoulder belt behind her back. The car was involved in a collision. As a result, Cheyenne suffered a spinal cord injury and was paralyzed from the waist down. The family field a suit against Ford Motor Co., alleging that the seatbelt was defectively designed.

(1) Cloud Ford successfully claim that Cheyenne had misused the seatbelt? Why or why not? Explain in one to two paragraphs.

[Stark v. Ford Motor Co., 693 S.E.2d 253 (N.C.App.2010)]

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