Lawnmower SuitIn the case of Howard v. Lawns, Inc., Mr. Howard purchased a Grass Guzzler lawnmower from Lawns Inc. While using the lawnmower, it overheated and caught fire causing a third degree burns to feet and ankles. Mr. Howard filed a lawsuit against Lawns Inc. for his injuries. He wants to sue Lawns Inc. for failing to put a warning label and automatic shut-off on the mower, which caused him to get burned. In Lawns Inc.'s defense, they can claim negligence on the part of Mr. Howard for failing to look at the temperature gauge and read the owner's manual. I think Mr. Howard is to blame and Lawns Inc. will win the case. Howard can file a lawsuit in Delaware, Pennsylvania or Ohio. He can't file a lawsuit in New York because Lawns Inc. has no stores there. In order to file a lawsuit in one of these state courts, you must meet two requirements. The first requirement states that the company or business must have an office or store in the state where the person wishes to sue. The second requirement states that you can file a lawsuit in the state where the item is located. To file a lawsuit in Delaware, Pennsylvania, or Ohio, you must meet both requirements. He can't file a lawsuit in New York because Lawns Inc. doesn't have a store there. If you wish to bring a claim in Federal Court, there are two requirements you must meet. The first requirement states that the amount in dispute must exceed $75,000. The second requirement states that the dispute must be between parties from different states. Mr. Howard meets the requirements to file a lawsuit in Delaware, Pennsylvania or Ohio, and could eventually file a lawsuit in Federal Court if he sued for more than $75,000. The main point that Mr. Howard can argue is negligence on the part of Lawns Inc.'s negligence falls under common law, which is determined by the courts. It is defined as a failure to exercise a standard of care that a reasonable person would exercise in a similar situation. Lawns Inc. was supposed to install the automatic shut-off mechanism that would prevent Mr. Howard from burning himself. Mr Howard can also argue that the owner's manual did not state the danger clearly and sufficiently broadly. Lawns Inc. owes a duty of care to Mr. Howard, namely to install the automatic shut-off mechanism on the mower.