Download Legal Claims Against BigCo for Torpedo Blender Injury and more Exams Law of Torts in PDF only on Docsity! EXAM#____________ Page 2 of 16 Gallagher: Torts, Final Exam, Fall 2011 PART I – ESSAY (200 total points) (Suggested time: 2 Hours) Paul purchased a new blender, called the “Torpedo.” It was advertised as a multi-purpose blender, capable of grinding ice, chopping vegetables, and making smoothies and milk shakes, all in about ten seconds. It has a simple design. A metal bowl with blades at the bottom holds the food, and a clear, plastic cover fits over the top. The user activates the blender by simply pressing down on the cover and holding it until the food is chopped to the desired consistency. The blender has only one speed—fast. Its appeal is that it is much faster and more powerful than other light duty blenders. The retail price is $49.95. The manufacturer, BigCo, conducted market research and concluded that consumers are most likely to purchase small kitchen appliances priced under $50.00. Thus it was important to keep manufacturing costs as low as possible. To save costs, BigCo decided not to include a printed product manual with the Torpedo. Instead, purchasers are referred to BigCo’s website, where they can download an electronic version of the manual. The manual has basic operating instructions and includes the following warnings: “Never operate the blender with any cover other than the one included. The Torpedo works best with vegetables, fruit, or liquids. It is not designed as a full purpose food processor. It should not be used to process heavy foods like meat. This product is perfectly safe when used according to the instructions. BigCo specifically disclaims any liability for injuries caused by user negligence or misuse of its product”. BigCo’s research and development team also conducted extensive tests of the Torpedo to make sure it functioned effectively and that it was safe. They were aware that other blenders usually have variable speeds for different types of jobs. Lower speeds, for example, are safer for processing heavier foods and larger volumes. Blenders intended for higher volumes also have heavier bases to stabilize the machines as well as special latches to keep the covers from flying off during the operation of the machine. BigCo’s marketing team, however, objected to adding those features because doing so would raise the cost of the product and make it impossible to sell at the desired price point. Other blenders with those features are more expensive, but they are also much larger. The Torpedo is too small to compete with larger, heavy duty blenders and, with additional features, it would be too expensive to compete with other smaller blenders. Since the research and development team tests didn’t reveal any significant dangers when used with the types of food for which the Torpedo was intended, they decided not to include the additional features. Two years after the Torpedo was first on the market, Paul bought one at PriceCo, an independent retailer. While shopping at PriceCo, Paul told a store “greeter”, Bobby, that he wanted an inexpensive blender that was capable of mixing chopped meat for his homemade sausage. Bobby responded by telling Paul, “Oh, you should take a look at the Torpedo over on aisle 4.” Paul immediately went to aisle 4, took a look at the Torpedo, and purchased it. Because the Torpedo looked simple to use, Paul never bothered to download the product manual. For several months, Paul used the Torpedo without incident to make various drinks and deserts. He was impressed with the speed and power of this small machine. One evening, however, he decided to try his hand at homemade sausage. He bought several different types of meat, chopped it all up, and placed it in the blender. When he pressed down on the cover, the force of
