Discusion Post: Legal Environment of Business
Prepare and submit complete answers to the following Tort, Strict Liability and Product Liability Questions:
• A state prison inmate, brought to a hospital for treatment by a state correctional office, while being examined by a nurse, bit the nurse, Mary Lou. Mary Lou sued the state for negligence. Discuss the four elements of negligence that Mary Lou must prove in order to satisfy her claim. Does the state have any defenses to relieve itself from any or all of its potential liability?
• People who serve alcohol to others take a risk. In some circumstances, they can be held legally responsible for the actions of the people they serve. Is this fair? Should the intoxicated/impaired person be the only one liable if harm results? If not, in what specific circumstances is it fair to stretch liability to other people?
• Shannon bought a new hair straightener made by Vital Solutions, Inc. Two months after the purchase, as Shannon was using her straightener, the item became extremely hot and burned her hair to the roots and caused a burn on her forehead, causing a permanent scar. Shannon filed a suit against Vital, alleging that a design defect caused the product to overheat and creating an unreasonable safety hazard. Can Shannon succeed on a strict product liability claim? What elements must she show in order to recover?
The response should include a reference list. One-inch margins, Using Times New Roman 12 pnt font, double-space and APA style of writing and citations.