Learning Activity #1
Sang purchased a cola drink in a plastic bottle with a sealed plastic top from a vending machine located in the hall of his college dormitory room. After drinking ¾ of the cola, Sang took another drink, and felt a sharp object enter his mouth. The object turned out to be a metal tab-top like those found on aluminum cans. Sang's tongue was slightly cut by the tab-top and he had to consult a doctor. Lab tests conducted on the remaining cola revealed that the cola Sang drank was not poisonous or tainted.
If Sang sues, what is the legal basis any claims, and which defendant(s) could be sued?
Learning Activity #2
Dave bought a power lawn mower manufactured by Ace, Inc. The mower was equipped with a removable plastic safety barrier to minimize the risk of injury from the mower's blades. Dave removed the safety barrier believing that it was unnecessary. When Dave asked his 18-year old son, Zack, to mow the lawn, Zack ‘s foot touched the mower blade and Zack was injured.
If Zack sues Ace under strict product liability for failure to warn of the risk of using the mower without the safety barrier, what is the likely outcome? Why?