Strict Liability and Product Liability
Shalene Kolchek bought a Great Lakes Spa from Val Porter, a dealer who was selling spas at the state fair. Kolchek
signed an installment contract. Porter then handed her the manufacturer’s paperwork and arranged for the spa to be
delivered and installed for her. Three months later, Kolchek left her six-year-old daughter, Litisha, alone in the spa.
While exploring the spa’s hydromassage jets, Litisha stuck her index finger into one of the jet holes and was unable to
remove her finger from the jet.
Litisha yanked hard, injuring her finger, then panicked and screamed for help. Kolchek was unable to remove
Litisha’s finger, and the local police and rescue team were called to assist. After a three-hour operation that included
draining the spa, sawing out a section of the spa’s plastic molding, and slicing the jet casing, Litisha’s finger was freed.
Following this procedure, the spa was no longer functional. Litisha was taken to the local emergency room, where she
was told that a bone in her finger was broken in two places. Using the information presented in the chapter, answer
the following questions.
1. Under which theories of product liability can Kolchek sue Porter to recover for Litisha’s injuries?
2. Would privity of contract be required for Kolchek to succeed in a product liability action against Great Lakes?Explain.
3. For an action in strict product liability against Great Lakes, what six requirements must Kolchek meet?
4. What defenses to product liability might Porter or Great Lakes be able to assert?
