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28 votes
28 votes
Molly purchases a blender from Bed Bath and Beyond and it flies off the base when she tries to make her first protein smoothie. As it flies across the kitchen, it hits Molly's 2 year old son on the head and knocks him to the floor. He suffers a concussion due to the fall. Depending on when she brings a lawsuit against Bed, Bath and Beyond, she might be prevented from winning a tort case because Bed Bath and Beyond might be able to use:

User Mary
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2 Answers

24 votes
24 votes

Final answer:

Molly's lawsuit against Bed Bath and Beyond for her son's injury from a defective blender might be impacted by the statute of limitations. This law sets a time limit for filing legal proceedings, and if the limit has passed, Molly's case could be dismissed regardless of the retailer's potential negligence in providing a safe product.

Step-by-step explanation:

In Molly’s situation involving the blender that caused injury to her son, if she were to bring a lawsuit against Bed Bath and Beyond, the defense might argue the concept of statute of limitations. The statute of limitations is a law that sets a maximum time after an event within which legal proceedings may be initiated. If Molly brings the lawsuit after the statute of limitations has expired, she may be barred from winning her tort case, depending on the jurisdiction's specific time limits for filing such claims.

The responsibility to ensure product safety falls on sellers and manufacturers; thus, if the blender was defectively designed or had inadequate warnings, Molly could have grounds for a product liability lawsuit. In the event that the statute of limitations is still effective, Bed Bath and Beyond would have to defend against claims of selling a defective product that resulted in injury. The outcome would greatly depend on Molly’s ability to demonstrate that the retailer was negligent in providing a safe product.

User Amique
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3.2k points
26 votes
26 votes

its a he say she say and she does not have the proof they could say she made him suffer from concussion Step-by-step explanation:

User Smallo
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3.3k points