Question

Kevin is preparing his wife's favorite stir-fry dish for dinner. As Kevin is chopping the vegetables for the stir-fry, his hand slips and he cuts his hand on the sharp knife. Kevin's wife rushes him to the emergency room. Kevin receives twenty stitches because the cut is so deep. Kevin wants to sue the knife manufacturer for damages. Kevin claims that the knife was defective because it was unreasonably dangerous. If Kevin files a strict liability lawsuit against the knife manufacturer, he will:

Answer 1

Kevin's strict liability lawsuit against the knife manufacturer requires proving the knife had a defect making it unreasonably dangerous beyond its inherent purpose. However, knives are expected to be sharp as it's part of their function, so demonstrating the knife was defective and not just sharp may be challenging.

Step-by-step explanation:

If Kevin files a strict liability lawsuit against the knife manufacturer, he will attempt to hold the manufacturer liable without having to prove negligence or fault. Strict liability applies to situations where a party is held liable for damages caused by its activities regardless of fault.

However, in the case of an inherently dangerous object such as a knife, the fact that it is sharp and capable of cutting is part of its function. For a strict liability claim in product liability to succeed, the product must have a defect that makes it unreasonably dangerous to the user.

Since knives are meant to be sharp, proving that the knife was unreasonably dangerous because it caused a cut may be difficult for Kevin. Additionally, proving that there was a defect in the manufacture or design of the knife that caused the injury, rather than user error, would be necessary for a successful claim.