Sarah Ross has four children, aged 3 to 11. One day, while she is out getting a pizza, her youngest child Ethan manages to get a hold of the FAST FLAME lighter, which Ross stores in the kitchen on a top shelf. A simple trigger ignites the FAST FLAME after an ON/OFF switch is put in the ON position. The lighter is easy to manipulate, with no child safety lock. Ethan lights a kitchen towel on fire, which sets the kitchen aflame. Ethan is badly burned, and later dies from his injuries. Sarah Ross files a strict product liability suit against the maker of the FAST FLAME, alleging that the product is unreasonably dangerous. In court, Ross admits that she knew the lighter could be dangerous for young children, while the FAST FLAME company admits that it has been a defendant in several similar suits involving injuries to children.
1) What is the test is for determining if a product is unreasonably dangerous? Does this lighter pass the test? Explain fully. Make sure you consider who the ordinary consumer is in this scenario. HINT: This will help you figure out what the RULE is that you will be applying in this case.
2) How should the court rule in this case? Explain fully! Make sure your essay includes: the rule of law that will be applied; your application of the specific facts of the case to this rule; and your conclusion, which must be backed up by the rule of law, and not just your own opinion.