14) Whirlwind Mowers manufactures and sells power lawn mowers to the public and

Question

14) Whirlwind Mowers manufactures and sells power lawn mowers to the public and distributes the products through its own dealers. Andrew is a homeowner who has purchased a power mower from an authorized dealer on the basis of the dealer’s recommendation that “the mower is the best one available to do the job.” Andrew was cutting his lawn when the mower blade flew off and seriously injured his leg.

a. Andrew sues Whirlwind Mowers and asks for damages based on negligence in producing the power mower. Is Whirlwind Mowers guilty of negligence? Explain your answer.

b. The doctrine of res ipsa loquitur can often be applied to cases of this type. Show how this doctrine can be applied to this case. Your answer must include a definition of res ipsa loquitur .

c. Explain the various types of damages that Andrew might receive if Whirlwind Mowers is found guilty of negligence.

Explanation / Answer

No, whirldwind Mowers can’t be held guilty of negligence. It is the dealer on the recommendations of which Andrew made up his mind to purchase it should be held accountable as he gave a misleading presentation of the Power Lawn Mowers. In turn, the dealer may sue Whirdwind Mowers for sending him a defective piece which led to this accident. The doctrine of “res ipsa loquitur”could be applied this doctrine implies that an accident of any proportion does come under the realm of negligence. And hence, Andrew is quite justified to sue “whirldwind Mowers” on the grounds of accident which befell him. Andrew might get Compensation in terms of money Compensation in kind; certain facility being offered by the company free of cost Life cover to protect against any problematic scenario

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