Question

Regarding Introduction to Business Law:

Paul bought a 1-gallon can at his neighborhood home improvement store of SuperCover™ brand paint with which to paint the living room of his home. When he began the project Paul discovered that he did not have a can opener or screwdriver to open the lid of the paint can. He used a paring knife – manufactured by AccuCut, Inc. - he found in his kitchen to try to pry open the lid of the paint can. The knife blade broke as he was prying open the lid and a piece of the blade flew into his eye causing serious injury. [Be aware of the fact the lids on paint cans are securely fastened so as to prevent spillage during transport]

If you are the manager of AccuCut how do you view the relative fault of the parties involved… AccuCut, SuperCover™, or Paul? Would it be a fair public policy to have all the purchasers of AccuCut knives to sign a release of liability (an exculpatory provision) before buying and AccuCut paring knife?

Answer 1

I believe that in this context, Paul should have been more careful because the pairing knife is generally a smaller version of the actual knife and is used to peep of the skin and fat from a piece of meat and it is not expected that it can be used to open the lid of a paint box which is specially sealed in order to prevent spillage. Paul should have used a stronger knife or something else to open the lid in order to avoid any serious accident and injury. I don't think it is required to sign a release of liability, instead the organization can actually provide them with a proper manual of use and the do's and dont's as well so that such situations are avoided in the process.