Law Help Defining Legal Elements?

Question

Hi, I am in a law class right now I am having trouble defining legal elements and what cause of action they should take.

Here is a brief summary of the article:

A man who was reckless driving a jet ski with headphones blaring (Even though there was a warning saying don't wear headphones while operating). The jet ski motor blew out and the guy on the jet ski hit a girl.

1)What cause of action can the girl bring against the rocket ski company? I said the girl would sue the company for product liability, and manufacturer liability.
2) What are the elements? I am not sure what this question is asking.. Elements?
3)What would be the likely outcome of the suit? The girl would win for manufacturer default

any help would be greatly appreciated.

Answer 1

Elements are like a checklist -- each one represents a single fact that must be proven for the charge or tort to apply. To be valid, all elements must be proven -- if even one is not present, then no joy. That's different from "factors" which are like a plus-minus balancing scale (not all are required, and they don't all weigh the same), rather than a checklist.

To figure out whether a cause of action applies, you need to know the elements for each cause of action. So, look at the elements for the common torts: negligence, strict product liability (defect in design or manufacturing), general product liability (breach of warranty, failure to warn, etc.) and so on.

For example, the elements for negligence are: [1] duty, [2] breach, [3] actual cause, [4] proximate cause, [5] damages. Check your class notes or your textbook for the elements of the other torts.

So, go through the check list for each tort, and the elements for each. See if you can establish facts to prove each element. If you can prove all elements, then that tort applies.

The rest is left as an exercise for the law student.

Answer 2

I'm guessing that the elements they are looking for in question 2 are the facts that you are basing your answer to question 1 on.

What about the incident indicates product liability and manufacturer liability?