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21 Jan 16
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You are parents.
There are reports of hoverboard fires.
You are A. aware of them or B. unaware of them.
You give your daughter a hoverboard for Xmas.
The house mostly burns down.
Two loved dogs die.
The above happened (with the conditional A or B, either way).
Do you sue the manufacturer?
Is there contributory negligence on the part of the parents?
http://abc7news.com/news/hoverboard-blamed-for-santa-rosa-house-fire-that-killed-dogs/1166917/
21 Jan 16
Originally posted by JS357Buying a defective product does not amount to "contributory negligence" IMO.
You are parents.
There are reports of hoverboard fires.
You are A. aware of them or B. unaware of them.
You give your daughter a hoverboard for Xmas.
The house mostly burns down.
Two loved dogs die.
The above happened (with the conditional A or B, either way).
Do you sue the manufacturer?
Is there contributory negligence on the part of the parents?
http://abc7news.com/news/hoverboard-blamed-for-santa-rosa-house-fire-that-killed-dogs/1166917/
The hoverboard was being charged, malfunctioned and started a fire that devastated the family home and killed their two dogs. I'd say the chance of a lawsuit being filed is close to 100%.
21 Jan 16
Originally posted by no1marauderThat's the deep pockets theory.
Buying a defective product does not amount to "contributory negligence" IMO.
The hoverboard was being charged, malfunctioned and started a fire that devastated the family home and killed their two dogs. I'd say the chance of a lawsuit being filed is close to 100%.
21 Jan 16
Originally posted by JS357I think the key question would be whether or not the hoverboard actually came with any warnings in its instructions. I don't think the existence of reports of fires in any way helps the manufacturers case in terms of reduced responsibility. If anything, quite the opposite. If the manufacturer was aware of these reports it should have either recalled the products and /or sent warnings to its customers.
You are parents.
There are reports of hoverboard fires.
21 Jan 16
Originally posted by JS357Of course you sue the manufacturer. Why would you not? Liability in cases of mismanufacture like this is almost a foregone conclusion; the only question is damages.
You are parents.
There are reports of hoverboard fires.
You are A. aware of them or B. unaware of them.
You give your daughter a hoverboard for Xmas.
The house mostly burns down.
Two loved dogs die.
The above happened (with the conditional A or B, either way).
Do you sue the manufacturer?
Is there contributory negligence on the part of the parents?
http://abc7news.com/news/hoverboard-blamed-for-santa-rosa-house-fire-that-killed-dogs/1166917/
If there were a big warning label on the box telling you about the risk of fire, then perhaps assumption of risk could be a defense.