Question

Fernando is riding his Kawasaki motorcycle and the front wheel falls off. Fernando is severely injured, of course. Fernando hires a mechanic to look at the motorcycle. The mechanic discovers that the bolt that holds the front tire in place had broken in half because it was not thick enough, and this is what caused the tire to fall off. The mechanic explained that using a thicker bolt would only have cost a few dollars more! Fernando sues Kawasaki for his injuries, claiming that Kawasaki had used a defective design in manufacturing its motorcycle. To be successful in his defective design product liability lawsuit, Fernando must prove:

Answer 1

Fernando must show that the Kawasaki motorcycle had an unreasonably dangerous defect at the time it left the manufacturer's control, that he was using the bike as intended or in a foreseeable manner, and that the bike had not been substantially altered since the original sale.

Step-by-step explanation:

To be successful in his defective design product liability lawsuit, Fernando must prove several elements:

• The motorcycle had an unreasonably dangerous defect that caused the injury and this defect existed at the time the motorcycle left Kawasaki's control.
• Fernando was using the motorcycle as it was intended to be used, or Kawasaki could foresee the way Fernando was using it.
• The motorcycle has not been substantially changed from the condition in which it was originally sold that would affect the performance of the bike.

Fernando will need to demonstrate that the manufacturing or design process was flawed and that a safer, economically feasible alternative was available, such as using a thicker bolt.

The case mentioned in 'Counter Example Situation 3', indicates that prior knowledge of a defect and its potential for harm can result in a manufacturer being held liable.

In this similar context, if Kawasaki had knowledge that using a thinner bolt could pose a safety risk, or it was common industry practice to use a thicker bolt, Fernando's case would be strengthened.