"Shalene Kolchek bought a Great Lakes Spa from Val Porter, a dealer who was selling spas at the state fair. After Kolche

[answerhappygod]

"Shalene Kolchek bought a Great Lakes Spa from Val Porter, a
dealer who was selling spas at the state fair. After Kolchek signed
the contract, Porter handed her the manufacturer’s paperwork and
arranged for the spa to be delivered and installed for her. Three
months later, Kolchek left her six-year-old daughter, Litisha,
alone in the spa. While exploring the spa’s hydromassage jets,
Litisha got her index finger stuck in one of the jet holes.
Litisha yanked hard, injuring her finger, and then panicked and
screamed for help. Kolchek was unable to remove Litisha’s finger,
and the local police and rescue team were called to assist. After a
three-hour operation that included draining the spa, sawing out a
section of the spa’s plastic molding, and slicing the jet casing,
Litisha’s finger was freed. Following this procedure, the spa was
no longer functional. Litisha was taken to the local emergency
room, where she was told that a bone in her finger was broken in
two places. Using the information presented in the chapter, answer
the following questions.
Under which theories of product liability can Kolchek sue Porter
to recover for Litisha’s injuries?
Would privity of contract be required for Kolchek to succeed in
a product liability action against Great Lakes? Explain.
For an action in strict product liability against Great Lakes,
what six requirements must Kolchek meet?
What defenses to product liability might Porter or Great Lakes
be able to assert?
Debate This
All liability suits against tobacco companies for causing lung
cancer should be thrown out of court now and forever."