Problem
SmartChef, Inc. designs and manufactures the SmartChef Instant Pot, which can be programmed to pressure cook, slow cook, steam, brown, sear, and saute meats and vegetables. The SmartChef Instant Pot is marketed as having ten "safety mechanisms" to prevent the unit from building pressure if the lid is not closed properly, and preventing the lid from being removed until all the pressure is released. The Instant Pot can reach 12 pounds per square inch or psi (unlike a stovetop pressure cooker that can reach 17 psi), has a silicone float valve to tell you when to unlock the lid, and has a pressure release valve that can be turned to quickly reduce the pressure. In addition, the silicone valve doesn't heat up easily, which also prevents burns Instant Pot cooker from her daughter. Before using it the first time Olivia read the User Manual that accompanied the cooker, paying special attention to the 34 itemized "Important Safeguards" and the Warning that appeared at the bottom of each page of the Safeguards:
WARNING: Read and save these safety guidelines. When using pressure cookers basic safety precautions should always be followed.
Comfortable that she understood how to use the pressure cooker safely, Olivia followed an Instant Pot recipe for spaghetti sauce. She set the pot to Saute and browned the meat, onion, and garlic. She then added the remaining ingredients, and following the recipe, secured the lid and set it to cook on high pressure for 7 minutes. When the timer beeped, she used the release valve to reduce the pressure until the pot indicated it was safe to unlock the lid. When she did, the Instant Pot exploded, expelling scalding sauce that caused second-degree burns to her face, throat, and chest, resulting in painful blisters, leaking fluid, some skin loss, and scarring.
You represent Olivia Griffin in her product liability lawsuit against SmartChef. Identify and explain the legal theories you plan to include in your lawsuit. If the case proceeds to trial, would you ask for a jury trial? Why or why not? Do you think Olivia will win her case against SmartChef?