Question: Susan Calles had two 3 year old daughters, one of whom used the Aim N Flame to start a fire in their home resulting in the death of her twin sister. After reading the case please answer the following questions:
A product is unreasonably dangerous when it is dangerous beyond the expectation of the ordinary consumer. Whose expectation applies here? Why? Does the lighter pass this test? Explain why it does or does not.
Susan presented evidence as to the likelihood and the seriousness of injury from lighters that do not have child-safety devices. Scripto argued that the Aim N Flame is a useful, inexpensive, alternative source of fire and is safer than a match. Susan admitted that she was aware of the dangers presented by lighters in the hands of children. Scripto admitted that it had been a defendant in at least 25 suits for injuries that occurred under similar circumstances. With these factors in mind, how should the court rule? Why?