Dogwood and that nothing in his employment record could have put them on notice of his poor judgment.
Claim 3 -- Karl vs. ECR Manufacturer
John has a very good product liability claim against the ECR manufacturer. That is because the company supplied a product that was unreasonably dangerous to users in the ordinary way in which the product was intended to be used. This is a violation of the implied warranty of fitness for its intended purpose.
Possible Defenses
The ECR manufacturer will argue that the defect in its product was not the proximate cause of the harm that Karl suffered. Specifically, that argument is that it was the negligent decision of Dr. Dogwood to use the pad even after he noticed the...
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