Strict Product Liability

Issue Statements: The purpose of the issue statement is to identify the general area of law which is in question. Identify the parties involved and provide a very brief fact which may be pivotal to the understanding the basis of the claim. Remember this is never a can sue statement

Rule Statement: When writing the Rule, make sure you write first the general rule and then provide the elements and defenses. This rule applies to the issue of torts and not to either party in particular. At no point should you make a list of rules. I would usually save details for the analysis. The Rule statement for Strict Product Liability must start with a general rule which focuses on the product, not the actor or the manufacturer. Remember to include defenses. Save lengthy explanations or detailed rules for your analysis. The more detailed elements are the method of explaining the general rule and elements.

Analysis: Use multiple paragraphs. Always start your analysis with a separate paragraph of facts. Then in a separate paragraph (s) tell the story of how these facts would be seen in light of the rule of law and prior case analysis of the law. Provide specific examples and hypothetical examples. Use prior cases to illustrate your points. Do not fall into the trap of begin conclusion at the beginning of your analysis. Questions must be raised, and facts looked at from the most positive point of view and the most negative. When there are multiple elements use bridge words (furthermore, additionally….) to move from one element to another. When there are defenses be sure to analyze the defenses as well as the elements.

Strict Product Liability

Baxter manufactures electric hair dryers and curling irons. Julie purchases a Baxter curling iron r from her local Ace Drugstore. Cox, a friend and guest in Julie’s home, has taken a shower and wants to curl her hair. Julie tells Cox to use the Baxter hair curler that she has just purchased. Cox picks the curler up from the puddle of water where Julie has left it. As she plugs in the curler, sparks fly from the motor, and sparks continue to fly as she operates it. Despite this Cox begins curling her hair. Suddenly, the overheated curler ignites into flames, severely burning Cox’s scalp.

Using IRAC analyze Cox’s Strict Product Liability claim against Baxter. Remember to include all rules for Strict Product liability and in your analysis you must present rules which you do not think apply and explain why they would not apply. This may be a brief statement with a hypothetical showing how in other fact patterns the rule would be relevant. Do not jump to the rule which you think is most relevant and ignore the others. Include relevant defenses in your analysis. Bring in appropriate case law to support your analysis. In your analysis, be sure to discuss how different elements are determined. Again, if use of a hypothetical makes your discussion clearer please do so.