While Camping with the Family, Shannon Was Severely Burned by Ignited

question 26

Multiple Choice

While camping with the family, Shannon was severely burned by ignited gasoline.Her father was pumping the fuel tank on his Coleman stove when a stream of fuel, without warning, ejected through the filler cap, crossed the campfire, ignited, and landed on Shannon, some 10 to 12 feet away.At trial, experts testified that the design of a gas tank using a cap with a vent hole used by Coleman was defective with respect to safety and that there were alternative cap designs that Coleman could have utilized to accomplish ventilation of the tank without the cap having any of the vent-hole characteristics.Furthermore, despite Coleman's knowledge of the possibility of fuel spraying through the vent hole of the filter cap, no warnings were on the product to advise users not to open the cap except when the tank was level and not near a flame.Which of the following statements is true?

• A) Because Coleman was negligent, Shannon may recover punitive damages.
• B) Because Coleman was negligent, Shannon may recover exemplary damages.
• C) If Coleman's failure to warn was considered to be aggravated, wanton, reckless, malicious or oppressive, then Shannon could recover punitive, or exemplary, damages.
• D) Shannon cannot recover punitive damages because her cause of action is in tort and punitive damages are only awarded for breach of contract.

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Definitions:

Annual Partnership Income

The total income generated by a partnership over a one-year period, distributed among the partners according to the partnership agreement.