Bus415 W2 Discussion Questions

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* Mary is cutting weeds at her home. She is unable to trim some weeds she finds, because they grew between the rocks, so she removes the protective guard on the weed trimmer and trims the weeds. There are no warnings on the weed trimmer advising against removing the guard. She hits a rock, which is thrown to the side, hitting her neighbor in the eye and causing permanent damage. What kind of tort claim does the neighbor have? Who are the possible defendants?

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The Tort Claim the neighbor has is negligence and product liability. The possible defendants are Mary, the manufacturer, the distributer, the wholesaler, and the retailer. The neighbor would sue Mary for negligence because Mary should have never taken off the guard. And the neighbor would sue the manufacturer, the distributer, the wholesaler, and the retailer for product liability because during anytime during the exchange of product anyone could have put a warning on the guard warning of the dangers. *

* Felix is a school bus driver. He is driving children home from school one day, when he is distracted by a fight in the back of the bus. He turns to see what is happening behind him, and accidentally strikes and kills two twins riding bicycles in the bike lane. One twin is a brain surgeon, and the other is a garbage collector. Each has dependents. Explain how damages will be calculated for each victim, and why the families will collect different amounts. Is this a fair system? Why or why not?

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The damages will be calculated by the deceased loss of future earnings, this is done through an insurance calculation. The amount that the doctor makes and the amount that the trash collector makes is substantially different, so it is fair that the doctors family will get more because the doctor made more and garbage collectors family will get less because the garbage collector made less.

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