A Law School Hypothetical for all My Former Students/Colleagues

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Suppose that you ingested Lysol and you injected it too. And, suppose you got the idea from the President of the US. Suppose, too, that you had the supplies at home (diabetic mother-in-law) and before the warnings came down, you tried to “clean” your insides. When you burn your esophagus and then your veins collapse and you are rushed to the ER and catch COVID while waiting for a bed, do you have any causes of action and if so, on what basis and against whom. In your response, please consider whether presidential immunity is considered waived when there is criminal or tortious (spelling?) behavior. Consider too whether there is a cause of action against the company for producing a dangerous product that did not say on the label: this is NOT injectable. Is there a cause of action against the hospital for keeping you waiting and exposed to COVID? (Remember to cite Palsgraf). And, is there a cause of action against your mother-in-law for having needles that are freely accessible in your home despite the presence of non-diabetic adults and children? Keep your response short. Please cite applicable law or restatements (not laws) or any other relevant source. Your answer can only be written in a blue book and must be legible and turned in within the hour. My hope: that you learned a lot this semester and that this exam allows you to show your knowledge and analytic skills.

Author, Educator & Commentator; Former President, Southern Vermont College; Former Senior Policy Advisor, US Dept. of Education; Former Law Professor

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