Posted: August 28th, 2016
Polly purchased a Ford Pinto from Fred s Ford in Farmersville, Florida. It was her first car. She was proud of her purchase and drove it to work and on weekend trips. One Saturday, Polly packed up her Pinto and headed to a state park in Pensacola. As she was driving on Alligator Alley, traffic began to back up. Rodney Roadrage was also on the road, and being an aggressive driver was speeding well above the speed limit. As he talked on his cell phone, Rodney took his eyes off the road and ran into Polly s Pinto. The collision ruptured the gas tank located in the rear of Polly s Pinto. The gas tank exploded and Polly and Rodney Roadrage were seriously injured as a result of the explosion. Polly suffered cuts and abrasions from the broken glass and severe burns from the explosion. Polly was in the hospital for three weeks.
Polly comes to your office. She wishes to recover damages for the injuries she sustained. As her attorney what course of action would you recommend to Polly? In discussing your answer please discuss the tort theories of product liability. Which one would you choose and why? Discuss your choice in detail. Please define and discuss the defenses that may be applicable in this product liability case.
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