Question

Ashley arranged for a week long ski vacation at an exclusive ski resort. She then visited a local merchant that specialized in ski equipment and ski wear. She sought the advice of a clerk who appeared to be quite knowledgeable about ski equipment, and purchased a new pair of skis, poles, and boots. As she was about to leave the store, she noticed an attractive ski jacket, and asked the clerk if would be suitable for the cold weather she might encounter on her vacation. The clerk suggested that it would be ideal for her ski vacation, and Ashley bought the jacket. Ashley did not use the jacket until she arrived at the ski resort, at which time she immediately went out to the slopes. Within the first hour, she noticed that her wrists had become swollen and irritated where the knitted cuffs of the jacket contacted her skin. She wore the jacket the second day, but found that after skiing for a short time, she had to return to the lodge because her wrists had again become badly irritated and had blistered. Ashley required medical treatment for the injury to her wrists, at which time the injury was determined to be a corrosive chemical that had been used to bleach the knitted cuffs of her jacket. The chemical was one that was normally used to bleach fabric. However, from the evidence, the chemical had not been removed from the material before the cloth was shipped to the manufacturer of the jacket. Neither the manufacturer nor the retailer were aware of the chemical in the cloth, and its existence could not be detected by ordinary inspection. The injury to Ashley's wrists ruined her holiday and prevented her return to work for a week following her vacation. Question Q:  Discuss the rights (if any) and liability (if any) of Ashley, the sports clothing merchant, the manufacturer of the jacket, and the manufacturer of the cloth.

Answer 1

Ashley can sue the manufacturer for the strict liability claim which makes it obligatory for the manufacturer to take respnsibility of the fitness of items it sells for a specific purpose. Since the jacket was meant specifically for the ski activity, it must perform satisfactorily under conditions it was meant for. Being safe for the health of user is one of the basic requirements that is implied with the purchase and the manufacturer is strictly liable for selling cloth laced with a chemical that affects fitness of use of item and is harmful to the user. The seller, owing to its limited knowledge of cloth, is unlikely to detect the fault, and therefore can not be held liable, but a manufacturer is expected to have such knowledge and is also expected to conduct quality control test for the usability of product and its complaince to the standards of safety and well being of consumers. Since the manufacturer failed to conduct such quality tests and find out the flaw, it is strictly liable to the consumer and is likely to pay damages. The maker of the cloth is also strictly liable for its failure to clear the harmful material from the cloth which made it unsuitable and harmful for the user, and caused damages. Ashley can bring suit against both parties.