Law 531

1. Use the following information to answer questions 1–5.

MakerMan Manufacturing creates heavy-duty hand tools. It produces a new collapsible hammer called the SmackN’Stash. One of the first purchasers of the hammer, Rob, is using it at a construction site when the hammer’s head flies off and injures his coworker Cliff.

How does the concept of strict liability apply to this situation?

 

o While   using a collapsible hammer is a dangerous activity, it is not of the type of   danger that would subject MakerMan to strict liability.

o Product   liability torts require Rob to show that one or more of the design or   manufacturing elements is defective.

o When   companies sell defective products to consumers who are injured,   liability will result without having to show that the manufacturer   breached the duty of care.

o Anyone   who is injured by a defective product may sue the manufacturer, merchants,   and all others who handled the product.

 

2. Bookmark question for later

How does the concept of strict product liability apply to this situation?

 

o Product   liability torts require Rob to show that one or more of the design or   manufacturing elements is defective.

o While   using a collapsible hammer is a dangerous activity, it is not of the type of   danger that would subject MakerMan to strict product liability.

o Even   if there is no defect in the product, the company may be responsible for   failure to warn users how the product should be used.

o When   companies sell defective products to consumers who are injured,   liability will result without having to show that the manufacturer   breached the duty of care.

 

3. Bookmark question for later

How does the concept of privity of contract apply to this situation?

 

o Even   if there is no defect in the product, the company may be responsible for   failure to warn users how the product should be used.

o Product   liability torts require Rob to show that one or more of the design or   manufacturing elements is defective.

o When   companies sell defective products to consumers who are injured,   liability will result without having to show that the manufacturer   breached a contract with the customer.

o Anyone   who is injured by a defective product may sue the manufacturer, merchants,   and all others who handled the product.

 

4. Bookmark question for later

How does the concept of defective design/manufacturing apply to this situation?

 

o Anyone   who is injured by a defective product may sue the manufacturer, merchants,   and all others who handled the product.

o Product   liability torts require Rob to show that one or more of the design or   manufacturing elements is defective.

o When   companies sell defective products to consumers who are injured,   liability will result without having to show that the manufacturer   breached the duty to warn.

o While   using a collapsible hammer is a dangerous activity, it is not of the type of   danger that would subject MakerMan to take care to avoid defective   design or manufacturing.

 

5. Bookmark question for later

How does the concept of manufacturer’s duty to warn apply to this situation?

 

o Anyone   who is injured by a defective product may sue the manufacturer, merchants,   and all others who handled the product.

o When   companies sell defective products to consumers who are injured,   liability will result without having to show that the manufacturer   breached the duty to warn.

o While   using a collapsible hammer is a dangerous activity, it is not of the type of   danger that would subject MakerMan to warning consumers about the   product.

o Even   if there is no defect in the product, the company may be responsible for   failure to warn users how the product should be used.