Scenario ITorts and Product Liability
On his way home from work, Andy Earl stopped at Mad Beach Pub. After leaving the pub, Earl drove his car into a house at a speed of approximately 30 miles per hour. When the car struck the house, the passenger compartment collapsed and Earl was seriously injured. His blood alcohol content was 0.08%. The investigation also discovered that he had been texting at the time of the accident. Earl brought a strict product liability action against the car manufacturer on the grounds that the car was not crashworthy. He also filed suit against the pub for selling him the alcohol.
Summarize the statutes from your state related to driving under the influence (DUI) and texting while driving.
Provide the arguments that each party (Earl, the car manufacturer, and the pub) will make at trial.
Explain how the court should rule. Provide support for your decision.
Sample solution
Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell.
In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.
God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.
Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.
To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.
References
Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.
Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.
Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.
Sample Answer
Sample Answer
Tort and Product Liability Analysis: Andy Earl’s Case
Introduction
This analysis evaluates the case of Andy Earl, who was involved in an accident after leaving Mad Beach Pub while under the influence of alcohol and texting while driving. Earl has brought a strict product liability action against the car manufacturer, claiming the vehicle was not crashworthy, and has also filed a suit against the pub for serving him alcohol. This paper will summarize relevant statutes regarding DUI and texting while driving in [Your State], outline the arguments from each party, and propose a ruling for the court.
Relevant Statutes
Driving Under the Influence (DUI)
In [Your State], the statute regarding Driving Under the Influence (DUI) typically includes the following provisions:
– BAC Limit: The legal Blood Alcohol Concentration (BAC) limit is 0.08% for drivers aged 21 and over. Driving with a BAC at or above this limit constitutes a DUI.
– Penalties: Penalties for DUI may include fines, license suspension, mandatory alcohol education programs, and potential jail time, particularly for repeat offenders.
– Impairment Standards: Even below the legal limit, a driver can be charged with DUI if their ability to operate a vehicle is impaired by alcohol or drugs.
Texting While Driving
In [Your State], laws regarding texting while driving generally include:
– Prohibition of Texting: It is illegal for drivers to send or read text messages while operating a vehicle.
– Penalties: Violating the texting law may result in fines and points added to the driver’s license. Accidents resulting from texting can lead to increased liability in personal injury claims.
Arguments from Each Party
Andy Earl (Plaintiff)
1. Strict Product Liability: Earl will argue that the car was defective in its design or manufacture because it was not crashworthy. He may contend that the vehicle failed to meet safety standards that should protect occupants during accidents, leading to his serious injuries.
2. Negligence of Pub: Earl will argue that Mad Beach Pub was negligent in serving him alcohol, contributing to his impaired state at the time of the accident. He may claim that the pub should have recognized his intoxication and refused to serve him further.
3. Causation: Earl will assert that the combined effects of alcohol consumption and texting while driving do not absolve the manufacturer or the pub from liability, as their actions directly contributed to his injuries.
Car Manufacturer (Defendant)
1. Contributory Negligence: The car manufacturer will likely argue that Earl’s own negligent actions—driving under the influence and texting—were the primary causes of his injuries rather than any defect in the car itself.
2. Compliance with Safety Standards: The manufacturer may present evidence demonstrating that the vehicle complied with all applicable safety regulations and standards at the time it was manufactured, arguing that it was crashworthy as designed.
3. No Defect: They may also assert that Earl’s injuries were not due to any defect in the vehicle but rather his reckless behavior.
Mad Beach Pub (Defendant)
1. Dram Shop Defense: The pub may argue that they are not liable for Earl’s injuries because they did not serve him alcohol after he was visibly intoxicated. They could contend that they followed responsible serving practices.
2. Independent Negligence: The pub might also argue that Earl’s decision to drive after consuming alcohol and texting while driving was a personal choice beyond their control, thus absolving them of liability.
3. Proximate Cause: The pub could assert that Earl’s actions (driving drunk and texting) were the proximate cause of his accident and injuries, not their service of alcohol.
Court Ruling and Justification
Proposed Ruling
The court should rule in favor of the car manufacturer and Mad Beach Pub, dismissing Earl’s claims for strict product liability and negligence against the pub.
Justification
1. Contributory Negligence: The court should find that Earl’s own actions—driving under the influence with a BAC of 0.08% and texting—were significant contributors to the accident. Most states follow a comparative negligence standard, which considers the degree to which each party’s actions contributed to the harm.
2. Product Liability Standards: Under strict product liability laws, a plaintiff must prove that a product was defective and that the defect caused their injuries. Here, if no design or manufacturing defect is found in the vehicle, and evidence supports compliance with safety standards, then liability cannot be attributed to the manufacturer.
3. Dram Shop Liability: If Mad Beach Pub adhered to responsible serving practices and did not serve Earl alcohol after he was visibly intoxicated, it can be exonerated from liability under dram shop laws. Additionally, Earl’s decision to drive despite being aware of his intoxication further distances the pub from responsibility for his injuries.
4. Public Policy Considerations: Allowing liability against either party under these circumstances could set a dangerous precedent by diminishing personal responsibility for actions taken while impaired or distracted.
Conclusion
In conclusion, Andy Earl’s claims against both the car manufacturer and Mad Beach Pub should be dismissed based on principles of contributory negligence and the lack of evidence supporting claims of product defect or negligent service. The ruling emphasizes individual responsibility while recognizing legitimate commercial practices within the bounds of law.
