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Why is the injured party’s age one of the most important factors in considering a failure-to-warn...

Why is the injured party’s age one of the most important factors in considering a failure-to-warn claim?  

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Answer #1

Age appropriate warning must be provided by the manufacturer or the seller to the buyer or the consumer.

1. Hoffinger, the manufacturer of the pool, is liable to Bunch for her severe injuries under Restatement of Torts 2d § 402A, because it failed to provide an adequate warning addressed appropriately to an 11-year-old child.

2. Assuming an alternate, cost beneficial label design exists, Hoffinger could also be found liable to Bunch for negligent design of the product and for breach of warranty of fitness.

3. Bunch’s recovery against Hoffinger should be reduced by her comparative negligence, i.e., that percentage of her injuries which were caused by her own negligence.

4. Bunch is also entitled to recover punitive damages from Hoffinger for its failure to provide an age-appropriate warning on its pools consistent with industry standards

5. If Bunch were injured diving into a shallow pool owned by a neighbor who invited her to use the pool, the neighbor may be found liable to her for her injuries, because the neighbor failed to warn her about the dangers of diving into shallow pools

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