A homeowner was injured when an automatic cutoff switch failed to function on a snowblower he was using. The cutoff switch had f
unctioned well for a year after he purchased the snowblower but failed after the machine had been improperly repaired by a mechanic. The snowblower’s operating manual contained a clear and prominent warning against making the same alteration to the switch mechanism made by the mechanic. The mechanic, however, did not have a manual available when he repaired the snowblower. Does the homeowner have a viable claim against the manufacturer of the snowblower for damages? a. No, because the homeowner was comparatively negligent in failing to furnish the snowblower’s manual to the mechanic. b. No, because the injury resulted from a substantial alteration of the snowblower by a third party. c. Yes, because a defect in the snowblower caused the homeowner’s injury. d. Yes, because the manufacturer should have made the manual available to repair personnel.
The state of Texas has placed caps on noneconomic damages in medical malpractice causes of action. This type of limitation on damages is.. infliction of emotional distress. The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years.
