Question

For Son's seventh birthday, Father bought Son a small bicycle at Hardware. The bicycle was manufactured by Bikeco. A week later, Son's sister, Sis, age 17, returned home from college for Thanksgiving vacation. Son asked Sis to get out his new bicycle so he could show her how well he could ride it. Sis went to the garage, sat on the bicycle seat and began to "walk" the bicycle between the two family cars and out of the garage. As Sis neared the doorway of the garage, the rod on which the seat was mounted snapped, causing Sis to fall backward over the bicycle and to suffer severe injuries. Friend, standing a few feet from Sis, was horrified and sickened as he saw what happened to Sis, but suffered no other harm. Most bicycle manufacturers make the supporting rods for seats from a metal which is much stronger for that purpose than the metal used by Bikeco. The use of the stronger metal increases the cost of manufacture by about $1.50 a bicycle. 23. If Sis asserts a claim against Bikeco based on strict liability in tort the likely result is Sis will: (A) recover, if use such as hers was foreseeable. (B) recover, because Bikeco can spread the risk of loss. (C) not recover, if the bicycle was intended for use by small children. (D) not recover, because the bicycle was purchased for Son.

Answer 1

Answer: (A) recover, if use such as hers was foreseeable.

Step-by-step explanation:

Strict liability is when the manufacturer is still found guilty negligence even if they did not have the intent to to cause it or are at fault. One way to prove strict liability is to show that the manufacturer should have foreseen that their product would be used in such a way as to cause an injury.

In this case, the bicycle was made for a child as it was a small bicycle but if the sister can prove that Bikeco should have foreseen that the boy's siblings would ride the bicycle, she would recover costs.