A QUESTION OF ETHICS: Dangerous Products. Susan Calles lived with her four daughters, Amanda, age…

A QUESTION OF ETHICS: Dangerous Products. Susan Calles
lived with her four daughters, Amanda, age eleven, Victoria, age fi ve, and
Jenna and Jillian, age three. In March 1998, Calles bought an Aim N Flame
utility lighter, which she stored on the top shelf of her kitchen cabinet. A
trigger can ignite the Aim N Flame after an ON/OFF switch is slid to the on
position. Go to this texts Web site at www.cengage.com/blaw/clarkson, select
Chapter 22, and click on Practical Internet Exercises. There you will fi nd
the following Internet research exercises that you can perform to learn

A QUESTION OF ETHICS: Dangerous Products. Susan Calles
lived with her four daughters, Amanda, age eleven, Victoria, age fi ve, and
Jenna and Jillian, age three. In March 1998, Calles bought an Aim N Flame
utility lighter, which she stored on the top shelf of her kitchen cabinet. A
trigger can ignite the Aim N Flame after an ON/OFF switch is slid to the on
position. Go to this texts Web site at www.cengage.com/blaw/clarkson, select
Chapter 22, and click on Practical Internet Exercises. There you will fi nd
the following Internet research exercises that you can perform to learn more
about the topics covered in this chapter. Practical Internet Exercise 221:
Legal Perspective Product Liability Litigation Practical Internet Exercise
222: Management Perspective The Duty to Warn On the night of March 31, Calles
and Victoria left to get videos. Jenna and Jillian were in bed, and Amanda was
watching television. Calles returned to fi nd fi re trucks and emergency
vehicles around her home. Robert Finn, a fi re investigator, determined that
Jenna had started a fi re using the lighter. Jillian suffered smoke inhalation,
was hospitalized, and died on April 21. Calles fi led a suit in an Illinois
state court against Scripto-Tokai Corp., which distributed the Aim N Flame, and
others. In her suit, which was grounded, in part, in strict liability claims,
Calles alleged that the lighter was an unreasonably dangerous product.
Scripto fi led a motion for summary judgment. [Calles v. Scripto-Tokai Corp.,
224 Ill.2d 247, 864 N.E.2d 249, 309 Ill.Dec. 383 (2007)]

(a) A product is unreasonably dangerous when it is
dangerous beyond the expectation of the ordinary consumer. Whose
expectationCalless or Jennas applies? Does the lighter pass this test?
Explain. (b) Calles presented evidence as to the likelihood and seriousness of
injury from lighters that do not have child-safety devices. Scripto argued that
the Aim N Flame is an alternative source of fi re and is safer than a match.
Calles admitted that she knew the dangers presented by lighters in the hands of
children. Scripto admitted that it had been a defendant in several suits for
injuries under similar circumstances. How should the court rule? Why?