Two experienced welders were working inside a barge. Both had received training
ID: 368646 • Letter: T
Question
Two experienced welders were working inside a barge. Both had received training in their respective trade, and safety training required by the government and the company. The company regularly stressed the importance of safety procedures to prevent accidents. A gas hose leading to the welding torch developed a leak that the workers apparently could not smell because of "nasal fatigue" from having inhaled so much gas. One worker lit a cigarette, igniting the gas, killing both workers. The workers' heirs sued the gas and gas hose producers in strict liability. Was either company liable?
a. No, because of the negligence of the employees.
b. Yes, because there was likely a defect in the hose that could have been prevented.
c. No, because only one company can generally be liable in this type of accident.
d. Yes, because this type of accident does not happen to experienced workers.
Woeste ate raw oysters at a restaurant and died a week later from the bacteria Vibrio vulnificus. The bacteria naturally occur in oysters from warm water. Vibrio has no effect on most people, but can be fatal to people with a weak immune system—as Woeste had due to Hepatitis C and cirrhosis of the liver. The restaurant menu warned of the danger of eating raw oysters, especially for persons with "chronic illness of the liver." Woeste ordered without reading the menu warning. His estate sued the restaurant and the Texas company that harvested the oysters for negligence and strict liability. What is the likely outcome?
Dam Good Adventures operates a helicopter tour business near Lake Mead, Nevada. Lake Mead is the site of Hoover Dam. Dam Good has purchased 5 helicopters over the 214 years it has been in business and its mechanic has rebuilt the engines on all of the helicopters. In addition, Dam Good's mechanic has altered the timing mechanisms on the helicopters so that they are able to hover longer and with less noise, two features that are important for tourists. One of Dam Good's helicopters crashed over Lake Mead, killing the pilot and the four passengers on board. Which of the following statements is correct?
a. The restaurant is liable for failure to warn of every possible risk. b. The restaurant breached its implied warranty of merchantability by serving a dangerous product. c. The restaurant is not liable to the estate of Woeste. d. The restaurant is liable under strict liability for selling a dangerous product.Explanation / Answer
1. Answer B Yes, because there was likely a defect in the hose that could have been prevented
As there are generally maintenance of such critical tools on timely manner and a leak into the machine indicateds that maintenance has not been executed for the long time for that item resulting into the accident.
2. Answer C - The restaurant is not liable to the estate of Woeste.
As the restaurant has clearly mentioned into their menu about the oysters and its effects, it was the ignorance of Woeste and thus restaurant can not be held liable for the same.
3. Answer B - The alteration of the helicopters is a potential bar to recovery from the manufacturer.
It is becuase so far the helicopters were running fine and after alterations only accident happened. Manufacturer is liable till its warrant is open and product is not altered in any way and serviced through authorized service man only. Here Dam Good made its own alteration and hence the manufacturer can not liable for this accident. So it will be potential bar for the recovery from manufacturer.
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