Scenario I—Torts and Product Liability

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On his way home from work, Andy Earl stopped at Mad Beach Pub. After leaving the pub, Earl drove his car into a house at a speed of approximately 30 miles per hour. When the car struck the house, the passenger compartment collapsed and Earl was seriously injured. His blood alcohol content was 0.08%. The investigation also discovered that he had been texting at the time of the accident. Earl brought a strict product liability action against the car manufacturer on the grounds that the car was not crashworthy. He also filed suit against the pub for selling him the alcohol.

Summarize the statutes from your state related to driving under the influence (DUI) and texting while driving.
Provide the arguments that each party (Earl, the car manufacturer, and the pub) will make at trial.
Explain how the court should rule. Provide support for your decision.
Scenario II—Torts

After the extraction of two teeth, Yolanda’s dentist, Dr. Harris, wrote a prescription for pain medication and cautioned her not to drive or operate heavy machinery while taking the medication. Yolanda took the prescription to the drive-in window at the local Walgreens pharmacy. The pharmacy was busy and understaffed at the time, and the technician failed to include information about adverse reactions associated with taking the medication. Yolanda took a pill upon leaving the pharmacy and made another stop at the grocery store. After leaving the store, Yolanda failed to stop at a stop sign, and hit another car, injuring the driver of the other car and a passenger.

Using the textbook, the laws of your state, and other scholarly sources, explain the potential lawsuits and the probable outcomes for the lawsuits filed by the injured driver against Yolanda, Dr. Harris, and Walgreens.

Scenario III—Employment

Little Rock Catering, located in western Arkansas, provides food for special events and wedding consulting services. The business is privately owned and has seven employees. Sam, a 45-year-old lesbian, applied for the position of event services coordinator and was denied the position. Sam was highly qualified, with 10 years of experience in event planning. Mary Beth, a 21-year-old recent college graduate and member of the owner’s church, was hired.

Research the state laws on nondiscrimination in Arkansas and your state.

On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on sexual orientation discrimination?
On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on age discrimination?
Would the outcome of a lawsuit based on sexual orientation discrimination be different if the catering company was located in your state?
Scenario IV: Product Liability

Shenzhen Limited manufactures electric hair dryers. Julie purchases a Shenzhen Limited dryer from her local Sally’s Beauty Supply. Frances, a friend and guest in Julie’s home, has taken a shower and wants to dry her hair. Julie tells Frances to use the new Shenzhen Limited hair dryer that she has just purchased. As Frances plugs in the dryer, sparks fly out from the motor, and sparks continue to fly as she operates it. Despite this, Frances begins drying her hair. Suddenly, the entire dryer ignites into flames, severely burning Frances’ scalp. Frances sues Shenzhen Limited on the basis of negligence and strict liability in tort. Shenzhen Limited admits that the dryer was defective but denies liability, particularly because Frances was not the person who purchased the dryer. In other words, Frances had no contractual relationship with Shenzhen Limited.

Discuss the validity of Shenzhen Limited’s defense.
Are there any other defenses that Shenzhen Limited might assert to avoid liability? Discuss fully

Sample Solution

Scenario I: Automobile Accident

Summary of DUI and Texting Laws

Disclaimer: Laws vary significantly by jurisdiction. The following is a general overview and may not reflect specific state laws. It is crucial to consult with an attorney for advice on a particular case.

  • Driving Under the Influence (DUI) Laws: Most states have strict laws prohibiting driving with a blood alcohol content (BAC) above a certain level, typically 0.08%. Penalties include fines, license suspension, and potential jail time.
  • Texting While Driving Laws: Many states have enacted laws banning texting while driving, with penalties ranging from fines to license suspension. Some states have broader laws prohibiting handheld cell phone use while driving.

Arguments of the Parties

  • Earl: Earl will likely argue that the car manufacturer is liable for product liability based on a design defect, claiming the car was not crashworthy. He may also attempt to mitigate his damages by blaming the car manufacturer for his injuries.
  • Car Manufacturer: The car manufacturer will likely argue that the accident was caused by driver error, specifically DUI and distracted driving. They may also assert that the car met all safety standards at the time of manufacture.
  • Pub: The pub may face liability under dram shop laws, which hold establishments serving alcohol responsible for injuries caused by intoxicated patrons. However, the pub could argue that Earl was already intoxicated when he arrived and that they did not overserve him.

Court Ruling

The court is likely to find Earl primarily responsible for the accident due to his DUI and texting while driving. These actions were direct causes of the accident and his injuries. The car manufacturer may face some liability if it can be proven that the car’s design was defective and directly contributed to Earl’s injuries. The pub’s liability will depend on specific state laws and the evidence of overservice.

Scenario II: Pharmacy Error and Automobile Accident

  • Potential Lawsuits:
    • Yolanda against Walgreens for pharmacy error and negligence
    • Injured driver and passenger against Yolanda for negligent driving
    • Potentially, a lawsuit by the injured parties against Dr. Harris for prescribing medication without adequate warnings.
  • Probable Outcomes:
    • Yolanda may recover damages from Walgreens for the pharmacy error, which contributed to the accident.
    • Yolanda will likely be held liable for the accident due to her negligence in driving while under the influence of medication.
    • Dr. Harris may face liability if it can be proven that he failed to adequately warn Yolanda about the medication’s side effects.

Scenario III: Employment Discrimination

  • Sexual Orientation Discrimination:
    • Arkansas does not have explicit protections for sexual orientation in employment.
    • Federal law, specifically Title VII of the Civil Rights Act of 1964, does not explicitly protect sexual orientation.
    • The outcome of a lawsuit would likely be unfavorable for Sam.
  • Age Discrimination:
    • The Age Discrimination in Employment Act (ADEA) protects individuals aged 40 and older from discrimination.
    • Sam’s age of 45 falls within the protected category.
    • There is a potential for a successful age discrimination lawsuit, especially if other factors supporting discrimination can be established.
  • Impact of Location:
    • If the catering company were located in a state with explicit protections for sexual orientation, the outcome of the lawsuit could be different. Sam would have a stronger legal basis for a discrimination claim.

Scenario IV: Product Liability

  • Shenzhen Limited’s Defense:
    • Shenzhen Limited’s argument that Frances was not the purchaser may not be successful, as product liability extends to foreseeable users of the product.
    • The company may also argue that Frances’ misuse of the product by continuing to use it after sparks appeared contributed to her injuries.
  • Other Potential Defenses:
    • Contributory negligence by Frances for continuing to use the product after it malfunctioned.
    • Assumption of risk by Frances if she was aware of the product’s dangers.

The ultimate outcome of the case will depend on the specific facts and evidence presented in court.

 

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