BLS 111, INC is a corporation who produces, markets, and sells a product known a
ID: 351739 • Letter: B
Question
BLS 111, INC is a corporation who produces, markets, and sells a product known as "The Mist Writer" (MW). Research conducted by BLS indicates that college students have a need for a writing implement that produces a quality script and is capable of offering a "soothing" effect in order to offset the tensions and rigors of college test taking.
MW is a quality script instrument. MW also offers two other options. Option one is a feauture that, when selected, emits a small electrical stimulus to the fingers that clutch the implement. This has been proven to relax the hand and offer a soothing effect to the entire arm. The second option, when selected, emits a spray of Loy-vian spring water to the upper portion of the body. Loy-vian is a world famous brand of pure spring water endorsed world wide for its ability to relax and soothe the human body.
Stu Dent purchased the "Mist Writer" (with both options) during 2003. While taking a final exam in "Underwater Button Sewing 565," Stu decided to select both options to seek relief as advertised by the MW/ Stu selected option one and immediately felt a burning sensation in his writing hand. So, Stu selected option two to put out the "fire" and the water emitted was not the form of a spray but rather emitted as a very strong and thin water jet. This resulted in damaging Stu's right eye.
Stu wants to sue BLS111, Inc. for the "burned" hand and "damaged" right eye. Stu will sue in Negligence and Tort.
Stu needs your help with all those confusing jurisdictional rules. Advise Stu with all the details needed to bring a lawsuit in New York State. Stu lives in Buffalo, NY. Stu uses the MW during the Spring semester of 2007 at Olympia College located in Saranac Lake, New York. Consider the New York State rules, doctrines and concepts. If any additional facts, please inform Stu of all your assumptions.
Explanation / Answer
Stu can sue the company under New York negligence and tort law which governs injuries or harm caused by one person to another person; here stu can recover monetary damages from the company for the treatment of burned hand and damaged right eye. There is no cap for medical malpractice damages in New York. A claim for such must be filed within a certain time period after the tort has occurred, such as one year. Medical malpractice suits must be filed within 2 years and 6 months of the alleged malpractice.
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