Question

Scuba manufacturer designs and sells the best scuba gear on the market. All industry and governmental standards are met, and there is no better technologically feasible design than that used by the manufacturer. There had been no previous problems with the gear, but on one unfortunate day, the breathing apparatus on a unit malfunctioned, resulting in a diver needing medical care. Assuming recognition in the jurisdiction involved, which of the following is the best defense to a lawsuit alleging a design defect brought by the diver?

A) Comparative fault
B) Assumption of the risk
C) State-of-the-art
D) Ultrahazardous activity

Answer 1

C) State-of-the-art

Step-by-step explanation:

From the question we are informed about Scuba manufacturer who designs and sells the best scuba gear on the market. All industry and governmental standards are met, and there is no better technologically feasible design than that used by the manufacturer. There had been no previous problems with the gear, but on one unfortunate day, the breathing apparatus on a unit malfunctioned, resulting in a diver needing medical care. Assuming recognition in the jurisdiction involved. In this case, the best defense to a lawsuit alleging a design defect brought by the diver is State-of-the-art. The state of the art can be regarded as a level of development which could be felt by a device, scientific field/ techniques at a period of time.