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Janie and the Jawbreakers

Janie and the Jawbreakers

Janie was only ten years old and she enjoyed going to work with her mom on Fridays. Employees were allowed to bring their children to work on this day. Janie loved it when her mom bought jawbreakers from the candy store at the mall. When Janie went to work with her mom, Janie and the other children would put their jawbreakers in the company microwave. It was a blast! They would set the timer for one minute and laugh hilariously when the jawbreakers burst into flames. None of the adults who saw them ever said anything besides "don't make so much noise!" Last Friday, Janie put her jawbreakers into the microwave for two minutes. The jawbreaker, and the microwave, burst into flames, giving Janie and one of the other children second-degree burns.

The candy store posted a sign in plain view that clearly stated: PLEASE DO NOT PUT JAWBREAKERS INTO THE MICROWAVE. FLAMES COULD OCCUR. Even though Janie's mom saw the sign, she was furious and decided to sue the candy store, the manufacturer of the microwave, and her company for Janie's burns. Are any of these parties liable? Explain why or why not.

Solution Preview

The candy store is not liable because they have a sign posted in clear sight, in unobtrusive language, and unobstructed which specifically warns against putting the candy into the microwave. The manufacturer likely won't be held liable either, even if the wrappers do not warn against such activity. The courts always look at reasonableness. The main point of reasonable action in this case is determining if the product ...

Solution Summary

The candy store posted a sign in plain view that clearly stated: PLEASE DO NOT PUT JAWBREAKERS INTO THE MICROWAVE. FLAMES COULD OCCUR. Even though Janie's mom saw the sign, she was furious and decided to sue the candy store, the manufacturer of the microwave, and her company for Janie's burns. Are any of these parties liable? Explain why or why not.

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