Posted on by Judy

Scenario 3 – Product Liability Allan was not a licensed plumber, but often installed hot water heaters as part of his job as a handyman. Allan installed a new hot water heater manufactured by Bradford Inc. for Karla, a single mother with two children. Warnings were provided in large bold letters on a metal plate on the water heater. Similar warnings were provided in the manual Allan provided to Karla at the time of installation. The warning on the water heater read “CAUTION: HOT WATER CAN SCALD.” The heater itself contained a picture of hot water coming from a faucet with the words “DANGER” printed above it. In addition, the following statement was printed on the water heater. Warning! Water temperature over 120°F can cause severe burns. Children, elderly persons, and the disabled are at higher risk of being scalded. Test water temperature before bathing or showering. Temperature limiting valves are available, see manual. Allan set the temperature to 105°F. The next day, 3-year-old Simon was being bathed by his 12-year-old sister, Linda. When Linda received a text on her cell phone, she left Simon alone in the bathtub with the water running. Simon was scalded by the water from the tap. Simon’s mother brought suit against Allan and Bradford Inc. alleging defects in the design of the water heater and Allan’s failure to warn her about the heater’s dangers. Provide arguments that Allan, Bradford and Linda will introduce in court. Determine which party should win and support your answer.

Arguments provided in court by:
Linda – Proper warning is not provided on the heater about the water temperature. Although the warning says that the temperature is 120 degree which is causing harm to the people, at less temperature also the people are getting hurt.
Secondly, since Allan was not a professional, still the company allows him to install water heaters in the houses. She can also say that Allan did not demonstrate to set the valves on different temperature and he himself set valves on very high temperature.
Bradford – in their defense, Bradford can put a point saying that the warning about the temperature and water properties after heating are clearly mentioned on the heater. Apart from being on the heater it is also mentioned in the manual provided by the company.
They can also say that, despite the warning of leaving children and elderly persons alone in the water tub, Linda leave the kid there in the tub. She was careless in terms leaving the child alone there and it is not the company’s responsibility in this situation. In fact it was mother’s responsibility to not allow Linda and Simon in the turn without checking the water.
Allan – he can defend himself by saying that proper warning was provided to the customer before installing the system. He also handed the manual to the customer.
Since he set the temperature at right degree, it was not his fault about the water temperature.
In my opinion, Bradford will win the argument. The company provided the necessary points which provide the information about the heater. They clearly mention the water temperature which can be dangerous for the customers; they provided the areas for water control valves. Despite of all this, they also provided the manual with the heater which defines the nature of the product.
Since the children or elderly persons are sensitive to high temperature Simon got hurt in this situation and to avoid that situation, company already mentioned about the temperature control and that such people are not supposed to left alone in the water shower or tub.
 
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