Discussion Question 2: Liability for Pitching Machine Malfunction

The following discussion question touches on vicarious liability, as well as strict liability and product liability.

Lisa and Renee are at a batting cage practicing for their upcoming softball tournament. The pitching machine allows the batter to set the speed of the pitch anywhere from 20 mph to 95 mph. Lisa is one of the best batters in the country and can regularly hit balls thrown over 80 mph. Renee sets her pitches for a more sedate 50 mph. The girls are in the batting cage together and Lisa is up to bat. Both athletes have individually handcrafted bats made to their specifications by a local bat maker. Lisa bats twenty pitches and then turns the bat over to Renee. After resetting the pitching machine, Renee takes her stance and gets ready. The pitching machine malfunctions, however, and pitches to Renee at 80 mph. She swings wildly and the bat cracks in half. The bat hits Lisa on the head knocking her unconscious. The ball hits Renee on the head knocking her unconscious.

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