Strict Liability in the Real World

Question description

Apply the terminology and legal elements of strict liability to the following case. In this assignment you are going to analyze how strict liability theory is applied in a complex product liability case. Answer the questions following the case citation.

Read (EVELYN ROSA and ROBERT ROSA, as individuals, and HOLLY ROSA, as an individual and as the personal representative of Michael Robert Rosa, deceased, Plaintiffs-Appellants, and DAVID ROSA, Plaintiff, v. TASER INTERNATIONAL, INC., Defendant-Appellee.

No. 09–17792. UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

684 F.3d 941; 2012 U.S. App. LEXIS 14025, 2012 (This article is available in the Regis Library and Online)

Answer the following questions based on your reading and analysis of the Rosa v Taser Case.

  1. Under what legal theory is the case pursued?
  2. What is alleged to be defective and unreasonably dangerous in this case?
  3. What are the elements of the cause of action?
  4. What other tort covered in the course could have been used as a legal theory in the prosecution of this case?
  5. What defenses would be raised?
  6. What was the final legal decision?
  7. Why do you agree or disagree with the decision?

Submit this to the Dropbox following your facilitator’s instructionsLimit your answer to four pages

some references

http://www.nytimes.com/2006/08/27/automobiles/27FO…

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