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Question: Neal, a twelve-year old boy, buys a pair of skis from Outdoor Outfitters (“OO”). He tells the salesperson that he has never been skiing but “he really wants to do it.” The OO salesperson urges Neal to take a lesson in the sport before participating in a run. Neal ignores this advice. On his first run down the intermediate slope he loses control and runs into a tree. He suffers a broken leg, assorted cuts and bruises and he has concussion symptoms. Neal’s parents file a lawsuit against OO alleging that it should not have sold the skis to him when he was clearly too young and inexperienced. Discuss the theory of liability upon which the lawsuit is based and what, if any, defenses OO may raise.

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macsteve
School: UT Austin

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Virginia. It was a horrific crime. In 1982, in Newport News, VA, a young man in a sailor's
uniform broke into a local home, beat a man to death, then spent hours raping his wife while
their three small children slept in the next room. Keith Harward was convicted based on bite
mark evidence sworn to by two dentists, and his identification by a security guard who police
had hypnotized first. Bite mark analysis is junk evidence, as demonstrated by recent DNA tests
that exclude Mr. Harward as the perpetrator. But that should be no surprise to the original
prosecutors, because they had simple blood test evidence that excluded him back in ...

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