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THE ANSWER MUST BE IN IRAC FORMAT. AND MUST USE CASES FROM MICHIGAN. I HAVE UPLOADED THE ASSIGNMENT DETAILS.
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Module 04 Written Assignment Elements of Strict Liability and Defects
Module 04 Content
1.
Your law firm, Rothhams PLC, is working on a plaintiff’s personal injury case. The law firm
specializes in product liability and your client, Mark Flats, was injured in a car accident. Mark
had purchased a new sports car a couple months ago. On the speedometer of the new car it
showed that the car could be driven up to 180 miles per hour. Mark and his friend, George
Wantabee, were at the bar throwing back a few beers and as they left, Mark said to George, “Hey,
want to check out my new car?” Mark took George for a spin with his new car reaching speeds
up to 130 miles per hour. As Mark turned a corner, he lost control of the car and crashed. George
was injured along with Mark.
Upon looking at the scene of the accident, it was found that the tire tread had separated on one
of the rear tires. Also, it appears that the tires were not damaged due to any type of road hazard
or neglected cuts or other abuse in the treads. Your law firm is researching the tires and found
out that they were only rated up to 90 miles per hour.
When looking over the materials that came with the car, the only thing that was mentioned
about tires was to keep proper pressure in the tires.
Rothham PLC sued the car manufacture on a theory of strict liability for failure to warn of the
inadequate tires and that these tires were designed improperly. The car manufacturer is stating
that (1) they had no duty to warn; (2) the manufacturer is not responsible for the tires on the
car; and (3) the plaintiff had been drinking and driving up to 130 miles per hour.
Your attorney has tasked you with creating a two-page, double-spaced memo to address the
response from the manufacturer. To create the memo:
o Complete research on strict and product liability related to similar cases. To search for
cases, you could use the search terms “strict liability for failure to warn of inadequate
tires.”
o Address the three defenses the manufacturer provided.
***MUST BE IN IRAC FORMAT AND USE CASES FROM MICHIGAN***
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