Assignment 4.2

Instructions

Consider the following fact situation and provide a definitive analysis related to the readings: How-Does-Your-Garden-Grow Lawncare Company manufactures lawn mowers for distribution through the Earl April Garden Centers. Earl April advertised that these lawn mowers were the finest ever manufactured and would be guaranteed to withstand even the heaviest mowing duties for the duration of their three year warranty. Their television ads featured strapping young men heading into heavy, shoulder high grasses and brambles and emerging on the other side unscathed, having cut a handsome swath through the thicket. The slogan Built to take on the toughest yard appeared both in the print advertisements and on the sides of the mowers themselves. The Clifford family purchased on of the mowers, based largely upon the content of the commercial. Shortly after arriving home with the new equipment, Mr. Clifford and his two youngest kids headed out to give the new mower a test run through the overgrowth behind their tool shed. During the first pass, the blade became tangled and the mower stopped running. After his initial cleaning, Mr. Clifford decided to raise the mower level so it would not be cutting quite as much on each pass. He also decided that it would be perfectly okay to all his kids the opportunity to ride along on top of the mower to provide both weigh and ballast. As they reached the corner of the shed, an old signpost, hidden by the tall grass, became caught in the mower causing it to lurch violently to the left. His youngest child, walking now along behind, was perfectly safe. His daughter, Katie, on the other hand, fell off the mower when it lurched and into its path, severing both of her legs at the knee. She survives, but will forever be confined to a wheel chair. In an action against both Earl April and How-Does-Your-Garden-Grow, what legal arguments would you use to DEFEND the corporations? Please comment, as well, on whether you would have a greater likelihood of success with your arguments if Katie had died from her injuries.

Answer