ASSIGNMENT
El Bicho Manufacturing produces a bug spray poison called “Bugs be Gone” and sells the product through a network of retail distributors. El bicho came up with a new package design for the spray can that contains the bug spray. The design was pretty pink, yellow and purple flowers with a few butterflies and ladybugs on the label. Distributor Sales Co. sold 100 cases to Acme a home improvement chain. In the State of Carlton, a consumer, Mrs. Angie Jones, who has ants in her kitchen, purchased two cans of Bugs be Gone” from Acme. When she arrived home she used the spray around her kitchen to kill the ants.
Once she was done cleaning up the dead ants from her kitchen, she left the spray cans on the kitchen table and then went upstairs to shower and get dressed to go out to dinner with her husband, Jon. Once the baby sitter, Mary showed up, Jon and Angie left for the restaurant leaving Tommy, their 4 year old boy with the baby sitter. Tommy cannot yet read. While they were out to dinner Tommy goes into the kitchen and finds the Bugs be Gone can of bug poison. Mistaking it for air freshener, Tommy sprays the bug spray around the kitchen and some of the spray got into his eyes, thereby causing serious permanent damage to his left eye. Mary did not see Tommy go into the kitchen, since she was busy texting her boyfriend on her cell phone.
On what theory or theories might Tommy recover damages and what defenses may reasonably be raised against:
El Bicho Discuss.
Mary Discuss.
Remember, this assignment must be prepared in Microsoft® Word® using the Times New Roman font, 12 point, single space, double space between paragraphs. Each page must be numbered and your last name and student number included on the upper left hand corner of each page.
