Question

Agatha is a 72 year old woman who resides in Cleveland, Ohio. One night, she is watching television and sees a commercial advertising a remote controlled bed. The bed gives the user the ability to lower the bed up and down to adjust the height, and can also raise the top half of the bed so that it can either seat the user in an upright position or enable to the user to lay flat. Agatha calls the number on her television screen and purchases the bed for $2,000. The company she purchased the bed from is called Comfort Beds, Inc. This company is incorporated in Maryland. 2 weeks after she purchases the bed, a Comfort Beds, Inc. truck arrives at her home to deliver it. The bed came with a user manual which contained many instructions for the use of the bed, as well as warnings regarding possible harm that could result. Agatha did not read the user manual prior to using the bed. The first night that Agatha tried to use the bed, she lost control of the bed and it suddenly sprang up, causing her to fall to the floor and break her hip. Agatha then files a lawsuit against Comfort Beds, Inc. Answer the following: 1) Identify the potential causes of action (tort) that could be filed by Agatha, and against whom the cause(s) of action will be filed. You must include all the elements of each cause of action you identify and an explanation of how the plaintiff can prove the elements for each cause of action. 2) Identify the potential legal defense(s) that could be raised, including an explanation of why that defense is appropriate and whether that defense will be successful. 3) Discuss whether jurisdiction exists to sue the defendant in a state court in Ohio. Make sure to first fully explain the law and then completely and thoroughly analyze the facts of the case as compared to the law. 4) Assume that the defendant approaches Agatha and offers to pay her $20,000 in exchange for her dropping the lawsuit. If Agatha accepts it, would this be a valid contract? Make sure to explain why or why not, what elements are required to be present for it to be a valid agreement, and whether those elements are satisfied in this case.

Answer 1

Answer:

(1) the potential causes of action (tort) that could be filed by Agatha, and against whom the cause(s) of action will be filed are:

(i) Product is faulty and resulted in damage to her- She will file under product liability.

The case filing will be against the manufacturing company – Comfort bed Inc.

Plaintiff will prove this case by her own example.

(ii) Lack of adequate communication on the safety instruction by the Comfort bed Inc Company to Agartha, resulted into her accident.

Plaintiff will prove this case by her own example of communication with the company.

(iii) The advertisement by Comfort bed Inc on bed remote does not contain the communication on safety instructions, which is a mistake of the company resulting in civil damage.

Plaintiff will prove this case by the example of advertisement.

(2) The potential legal defense(s) that could be raised, and is defence appropriate and will successful or not is:

(i) Product is not faulty and it needs to be operate with the given safety and operating instructions in the product manual.

This is valid because manual is the right procedure for operating any product.

(ii) Lack of communication is not appropriate as the comfort bed Inc has given the manual, which contains all the safety and operating instruction.

Hence they have well written communication along with product.

(iii) The advertisement has the safety instruction but this are in low voice.

This are as per commercial advertisement standards.

(3) whether jurisdiction exists to sue the defendant in a state court in Ohio is:

Jurisdiction’s result will be in favor of defendant because the defendant has all the written formalities available for the product and the product is well covered with all the warnings,

safety instructions, and operating instruction that needs to be followed by the consumers.

Hence the case will be in favor of the Comfort Bed Inc. Company.

(4) Assume that the defendant approaches Agatha and offers to pay her $20,000 in exchange for her dropping the lawsuit. If Agatha accepts it, would this be a valid contract is:

If defendant approaches to Agatha and offer $20000 to drop the lawsuit,

then this will not be valid contract,

as it is not the ethical approach and this is not as per the court’s decision.

The valid agreement need to be as per court’s decision

and it should be a written document with signed off by both parties.