Q: In a case where a 3 years old child takes his dad's lighter and accidentally sets the house on fire. Who is liable?
The dad is suing the lighter company the injury suffered and property damage under these two theories of negligence and strict
product liability.
1. The disposable lighter had a warning sign which stated to keep away from children and is strictly only for adults.
2. The dad lighter company did not create a disposable lighter with a childproof mechanic under the presumption of more costs.
3. Nobody in the family died, but the dad was injured by the fire.
4. The mother bought the disposable lighter and was acknowledged the warning sign.
5. There has been one prior case when the child took the lighter, but parents have warned the child about it which makes it foreseeable for the parents.
6. Dad accidentally leaves the lighter in his pocket and the child took is while both parents were asleep which resulted in a fire.
Is there a design defect?
Is there neglience for the lighter company?
Who should win this motion
A:
Sounds like a homework question. If not, ask your lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
