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
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.
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