Mowers, Inc., a fictional company, has a flourishing lawn care business

Scenario Mowers, Inc., a fictional company, has a flourishing lawn care business. The business has two full-time employees who have been with the company for five years. All employees are trained on using the lawn equipment and, upon being hired, signed a waiver-of-liability contract limiting liability for the company. The owner, Brian, tells his employees "Not to worry - the company will protect you!" One employee, Lori, was on the job cutting a lawn. Lori was riding a mower, a Ferrari 2000, which was three years old and in good working condition. The step-up on the mower had writing on it with a warning sticker to replace the sandpaper liner for traction every three years due to normal wear and tear. It was replaced every three years as required. Lori stepped down off the rider, slipped because of moisture from the grass, and severed her pinky toe on the mower blade. When she fell to the ground, the mower continued through the grass and proceeded by itself to cut and mulch a neighbor's prize roses. Peta, the neighbor, was preparing for a rose competition with a potential grand prize of $10,000. Instructions Consider the above scenario and write 3-4 pages in which you make the following determinations. Make sure to cite and explain the law for each determination. Pursuant to contract law requirements, determine the legality of the waiver and whether verbal assurances become part of the written contract. Support your response. Determine whether the plaintiff has a product liability case against the manufacturer for each of the following defects. Support your response. Design. Manufacturing. Failure-to-warn. Determine whether the employee has a claim for injuries and whether the employee can recover pain and suffering damages per tort or worker's compensation law. Support your response.

Sample Solution

Legality of the Waiver and Verbal Assurances

Under contract law, a waiver is a voluntary and intentional relinquishment of a known right. To be enforceable, a waiver must be clear and unambiguous. It must also be made knowingly and voluntarily.

In the scenario, the waiver-of-liability contract signed by Lori is likely to be enforceable. The contract is clear and unambiguous, and it appears that Lori signed it knowingly and voluntarily.

Full Answer Section

However, the verbal assurances made by Brian, the owner of Mowers, Inc., are unlikely to be enforceable. Verbal assurances can only become part of a written contract if they are integrated into the contract. Integration is a process by which the parties to a contract agree that the written contract contains all of the terms of their agreement.

In the scenario, there is no evidence that Lori and Brian integrated Brian's verbal assurances into the written contract. Therefore, the verbal assurances are likely to be unenforceable.

Product Liability Claims

To have a product liability claim against the manufacturer, the plaintiff must prove that the product was defective and that the defect caused the plaintiff's injuries.

Design Defect

A design defect exists when the product is inherently dangerous and there is a feasible alternative design that would have made the product safer.

In the scenario, it is possible that the Ferrari 2000 mower has a design defect. The warning sticker on the step-up warns users to replace the sandpaper liner every three years due to normal wear and tear. This suggests that the manufacturer was aware that the step-up could become slippery and dangerous if the sandpaper liner was not replaced.

However, it is also possible that the manufacturer designed the step-up as safely as possible, given the constraints of the product. To prove that the Ferrari 2000 mower has a design defect, Lori would need to present expert testimony that there was a feasible alternative design that would have made the product safer.

Manufacturing Defect

A manufacturing defect exists when the product is not manufactured according to its design specifications.

In the scenario, it is possible that the Ferrari 2000 mower has a manufacturing defect. The fact that Lori slipped and fell off the mower suggests that the step-up may have been slippery. This could be due to a manufacturing defect, such as a defect in the sandpaper liner.

To prove that the Ferrari 2000 mower has a manufacturing defect, Lori would need to present expert testimony that the step-up was not manufactured according to its design specifications.

Failure-to-Warn

A failure-to-warn defect exists when the manufacturer fails to warn consumers of known risks associated with the product.

In the scenario, the Ferrari 2000 mower has a warning sticker on the step-up that warns users to replace the sandpaper liner every three years due to normal wear and tear. This warning sticker is sufficient to warn consumers of the risk of slipping and falling on the step-up.

Therefore, it is unlikely that Lori has a failure-to-warn claim against the manufacturer.

Employee Injury Claim

Under workers' compensation law, employees who are injured on the job are entitled to benefits, regardless of who is at fault for the injury.

In the scenario, Lori is likely to be entitled to workers' compensation benefits for her injuries. She was injured on the job while using a company-owned mower.

Lori may also be able to recover pain and suffering damages from Mowers, Inc., under tort law. However, she will need to prove that Mowers, Inc. was negligent.

To prove negligence, Lori will need to show that Mowers, Inc. owed her a duty of care, that Mowers, Inc. breached that duty of care, and that the breach of duty caused Lori's injuries.

It is likely that Mowers, Inc. owed Lori a duty of care. Employers owe a duty of care to their employees to provide them with a safe workplace. Mowers, Inc. may have breached that duty of care by failing to maintain the Ferrari 2000 mower in good condition or by failing to warn Lori of the risk of slipping and falling on the step-up.

If Lori can prove that Mowers, Inc. was negligent, she may be able to recover pain and suffering damages from the company.

Conclusion

In conclusion, the waiver-of-liability contract signed by Lori is likely to be enforceable. However, the verbal assurances made by Brian, the owner of Mowers, Inc., are unlikely to be enforceable.

Lori may have a product liability claim against the manufacturer of the Ferrari 2000 mower if she can prove that the mower

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