Torts Section B

Description
Your final draft will be graded according to the accuracy of your work. Also, since you have the opportunity to receive feedback to make improvements, your final draft is expected to be high quality work. Be sure that you read your instructor’s comments on your draft to incorporate them into your final submission. The Final Project needs to be in the 1500–2000 word range. Assignments that have a word count MUST be kept within the allotted number of words. Assignments will only be graded up until the number of words allowed. In other words, if you write more than is required you will not be graded on the extra words. Legal writing values concise and precise arguments. These guidelines will assist you with working on your clarity and brevity.
Final Project Topic
Based upon the following fact pattern:
Paul and all other parties or entities are domiciled or doing business in the fictional state of Aurora
1. The State of Aurora has adopted the doctrine of comparative negligence in the State.
2. The State of Aurora’s Dept. of Public Safety has determined that at any given time, 78% of all motorcycle riders will have lost control of their bikes resulting in fall-over type accidents with a high propensity for injury to rider’s legs and feet
Designer is the sole motorcycle designer providing manufacturing designs and specifications to DreamBike Manufacturing
1. The most popular model of the DreamBike is the XL100 which is designed for high speeds
DreamBike Manufacturing is the sole manufacturer of the XL100 motorcycle. In June, Paul purchased an XL100 motorcycle from Dealer, a motorcycle sales retailer in Aurora.
1. Dealer sells several makes and models of motorcycles but aggressively markets the XL100 because of its popularity and because of the profit margin Dealer gains upon each sale of an XL100
2. Brochures on Dealer’s premises portray the XL100 with chrome siderails built onto the sides of the motorcycles
The XL100 purchased by Paul had no chrome siderails. Inquiring about the absence of the safety siderails, Paul was told by Dealer’s salesperson that:
1. While siderails were part of the design and manufacturing specifications, this particular bike had been shipped from Manufacturer without the rails.
2. And in any event the lack of siderails would make the motorcycle lighter-weight and faster and this would be a positive for Paul
In July Paul’s bike went down while he was trying to avoid debris in traffic lanes on the freeway. As a result, Paul’s right leg suffered severe crushing and had to be amputated.
Prior to filing a lawsuit, Paul was able to learn the following:
1. The Design plans for the XL 100 provide for installation of siderails
2. DreamBike Manufacturing’s assembler forgot to install the siderails and DreamBike’s quality control inspector failed to notice the missing siderails.
3. Dealer received the XL100 without siderails, took no remedial action, and in fact did not alert Paul to any problems, instead suggesting that the lack of siderails made the motorcycle more attractive to a buyer
What theory or theories, if any, can Paul assert for products liability against:
1. Designer?
2. DreamBike Manufacturing?
3. Dealer?