In class we discussed the case in which a 2 year old child was injured in an automobile accident when the car driven by his mother was struck in the…

1.    In class we discussed the case in which a 2 ½ year old child was injured in an automobile accident when the car driven by his mother was struck in the side at an intersection. The child was properly strapped into a child restraint seat, identified as a Costco high back booster. As a result of the automobile accident, the child suffered severe brain and other bodily injuries. The parents brought a lawsuit against the manufacturer of the Costco high back booster for strict liability in tort.

a.    Of the different theories upon which a strict liability and tort claim may be based, which would be the basis for use by these parents for the recovery?

b.    What are the essential requirements that the parents must prove to establish strict liability and tort?

c.    What guidance is given to the jury by the trial judge on how to make the determination as to whether the product was “unreasonably dangerous”?