Exam 9: Negligence, Strict Liability, and Product Liability

Anders suffered a shock when his electric radio dropped into the bathtub--while Anders was taking a bath.Anders argued that he did not realize it was dangerous to operate an electric radio near his bathtub.If he sues the radio manufacturer for damages,which claim is he most likely to make?

Bob,a weak swimmer,ignored warning signs in a recreational swimming area and went into deep water.He soon grew tired and realized that he could not make it back to shore.Seeing Kelly,he cried out for help.Kelly,however,ignored the pleas.Bob was finally saved by Dorothy but suffered brain damage from being submerged during the ordeal.Bob now sues Kelly for negligence for failing to try to save him.Bob will

List and discuss the elements necessary to establish negligence.

Mavrex,Inc.received an application from Larry,and since his written qualifications seemed to meet a pressing current need,they hired him without checking his references or prior records.Actually,Larry had been in prison for murder several years earlier.Tom,a long-time Mavrex employee,angered Larry when Tom tried to tell Larry how to do his job.Larry attacked and injured Tom.If Tom sues Mavrex,what would his cause of action be,and what elements would Tom need to prove to win his case?

Evaluate the following scenarios and determine which represents Micha's highest liability?