A purchased hot water bottle from chemist as suggested by doctor for h...
Liability of Chemist for Bursting Hot Water Bottle
Under the given scenario, A purchased a hot water bottle from a chemist as suggested by a doctor for his wife's treatment. However, the water bottle burst when boiling water was poured into it, injuring his wife. Now, the question arises whether A can hold the chemist liable for damages or not.
Duty of Care
The chemist owes a duty of care towards the customers who purchase products from him/her. The duty of care is the responsibility to take reasonable measures to prevent harm to customers. In this case, the chemist had a duty to ensure that the hot water bottle sold to A was safe and could withstand boiling water without bursting.
Breach of Duty
If the chemist failed to take reasonable steps to ensure that the hot water bottle was safe and could withstand boiling water without bursting, then he/she would have breached the duty of care towards A. This breach of duty is also known as negligence.
Causation and Damage
To hold the chemist liable for damages, A must prove that the chemist's breach of duty caused the hot water bottle to burst and injured his wife. A must also prove that his wife suffered damages as a result of her injuries.
Conclusion
Based on the above analysis, A can hold the chemist liable for damages if he/she can prove that the chemist breached the duty of care by selling a hot water bottle that was not safe and could not withstand boiling water without bursting. A must also prove that his wife's injuries were caused by the chemist's breach of duty and that she suffered damages as a result of her injuries.