28 Dec ASCM 650 – Fall 2019

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ASCM 650 – Fall 2019

HOMEWORK PROBLEM

Guidelines: This is an individual homework assignment. Do not collaborate with your classmates. Please place your responses in a word document and save as last name, first initial (i.e. SmithJ), and post your document as an attachment in your assignment folder. Your document should be in essay format, error-free, graduate level composition (i.e. APA format should be followed, including cover sheet and references). Your document should be between 3-5 pages total.

PROBLEM

Peter was a keen and expert water-skier. While attempting a difficult aerial trick, he crashed face-first into the water of the lake on which he was skiing. Apparently, he was knocked unconscious on impact. The driver of the tow-boat immediately turned the boat around and arrived at the site of Peter’s fall within about ten seconds, but Peter had already sunk below the surface. The driver dived into the lake and attempted to recover Peter, without success. Some hours later, Peter was found drowned. At the time of the accident, Peter was wearing a life vest manufactured by Davies Sporting Goods Inc. The life vest contained 7.1 pounds of foam material. About 10 pounds of flotation material are needed to float an average person on the surface of fresh water. However, a 10-lb vest would obviously be bulkier and would restrict the user’s movement to some extent. The following warning was printed prominently on the Davies life vest: CAUTION: READ BEFORE USE THIS PRODUCT IS NOT A COAST GUARD APPROVED LIFE SAVING DEVICE and IS NOT A LIFE JACKET

• This product is not approved by the U.S. Coast Guard, the Canadian Coast Guard or any other agency designated to grant such approvals.

• This product is designed for use by experienced riders only. It should be used only during conditions where adequate supervision ensures constant monitoring of the wearer and pick-up boats are being used.

• This product should not be used by non-swimmers and will not protect any wearers from drowning or injury.

Peter’s widow, Peggy, wants to sue Davies. Please answer the following questions.

1. What type of lawsuit should she file and what tort should she allege in her law suit?

2. What elements of the tort must Peggy prove to be successful in her claim?

3. Will she be successful? Why?

4. What affirmative defenses does Davies have, if any?

*When answering these questions, you must rely on information from the course readings to support your answer. You must use a legal cause of action and you must assert legal affirmative defenses. Do not make up a cause of action