Three of the Family First Farm board members entered into an agreement to purchase a new tract of land to plant orange and grapefruit trees. The board hired an independent contractor to prepare the tract of land. The independent contractor used a special chemical to fertilize the land. Because Family First Farm was family oriented, the employee's children often played in the fields. Arnold, the five-year-old son of Doris liked to dig in the dirt and spent all day trying to dig to China out in the new field. Arnold suffered a severe allergic reaction to the chemicals. Arnold's throat was almost completely blocked and a painful rash covered his entire body. After being resuscitated by paramedics, he was hospitalized for several days. Doris threatened to sue Family First Farm, the independent contractor, and manufacturer of the fertilizer. Can Doris recover damages from any of the parties? Discuss why or why not.
The employees' children played in the field and it was known that the company had the area fertilized. Doris can't sue the manufacturer. All fertilizers have warning labels that caution users against exposure to the chemical that would be unnecessary, with warnings included about washing your hands thoroughly after playing with the product. All fertilizers have these types of labels because it is a chemical ...
This solution explains if Doris can recover damages from any of the parties listed in the Family First Farm scenario.