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.
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