Shalene Kolchek bought a Great Lakes spa from Val Porter, a dealer who was selling spas at the state fair. Kolchek signed an installment contract; then Porer and Kolchek arranged for the spa to be delivered and installed to her the next day. Three months later, Kolchek left her six-year old daughter, Litisha, alone in the spa. While exploring the spa's hydromassage jets, Litisha stuck her index finger into one of the jet holes and was unable to remove her finger from the jet. Litisha yanked hard, injuring her finger, than panicked and screamed for help. Kolchek was unable to remove Litisha's finger, and the local police and rescue team were called to assist. After a three hour operation that included draining the spa, sawing out a section of the spa's plastic molding, and slicing the jet casing, Litisha's finger was freed. Following this procedure, the spa was no longer functional. Litisha was taken to the local emergency room, where she was told that a bone in her finger was broken in two places. Using the information presented in the chapter, answer the following questions.
- Under which theory or theories of product liability can Kolchek sue to recover for Litisha's injuries? Could Kolchek sue Porter on Great Lakes?
- Would privity of contract be required for Kolchek to succeed in a product liability action against Great Lakes?
- For an action in strict product liability against Great Lakes, what six requirements must Kolcheck meet?
- What defenses to product liability might Porter or Great Lakes be able to assert?