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Business Law Today 9th Edition by Roger LeRoy Miller,Gaylord Jentz
Edition 9ISBN: 978-1111081454Business Law Today 9th Edition by Roger LeRoy Miller,Gaylord Jentz
Edition 9ISBN: 978-1111081454 Exercise 5
CASE PROBLEM WITH SAMPLE ANSWER: Product Liability.
Bret D'Auguste was an experienced skier when he rented equipment to ski at Hunter Mountain Ski Bowl, Inc., owned by Shanty Hollow Corp., in New York. The adjustable retention/release value for the bindings on the rented equipment was set at a level that, according to skiing industry standards, was too low - meaning that the skis would be released too easily-given D'Auguste's height, weight, and ability. When D'Auguste entered a "double black diamond," or extremely difficult, trail, he noticed immediately that, the surface consisted of ice and almost no snow. He tried to exit the steeply declining trail by making a sharp right turn, but in the attempt, his left ski snapped off. D'Auguste lost his balance, fell, and slid down the mountain, striking his face and head against a fence along the trail. According to a report by a rental shop employee, one of the bindings on D'Auguste's skis had a "cracked heel housing." D'Auguste filed a suit in a New York state court against Shanty Hollow and others, including the bindings' manufacturer, on a theory of strict product liability. The manufacturer filed a motion for summary judgment. On what basis might the court grant the motion? On what basis might the court deny the motion? How should the court rule? Explain. [ D'Auguste v. Shanty Hollow Corp., 26 A.D.3d 403, 809 N.Y.S.2d 555 (2 Dept. 2006)]
Bret D'Auguste was an experienced skier when he rented equipment to ski at Hunter Mountain Ski Bowl, Inc., owned by Shanty Hollow Corp., in New York. The adjustable retention/release value for the bindings on the rented equipment was set at a level that, according to skiing industry standards, was too low - meaning that the skis would be released too easily-given D'Auguste's height, weight, and ability. When D'Auguste entered a "double black diamond," or extremely difficult, trail, he noticed immediately that, the surface consisted of ice and almost no snow. He tried to exit the steeply declining trail by making a sharp right turn, but in the attempt, his left ski snapped off. D'Auguste lost his balance, fell, and slid down the mountain, striking his face and head against a fence along the trail. According to a report by a rental shop employee, one of the bindings on D'Auguste's skis had a "cracked heel housing." D'Auguste filed a suit in a New York state court against Shanty Hollow and others, including the bindings' manufacturer, on a theory of strict product liability. The manufacturer filed a motion for summary judgment. On what basis might the court grant the motion? On what basis might the court deny the motion? How should the court rule? Explain. [ D'Auguste v. Shanty Hollow Corp., 26 A.D.3d 403, 809 N.Y.S.2d 555 (2 Dept. 2006)]
Explanation
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The court will probably grant the summar...
Business Law Today 9th Edition by Roger LeRoy Miller,Gaylord Jentz
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