Question

A homeowner was injured when an automatic cutoff switch failed to function on a snowblower he was using. The cutoff switch had functioned well for a year after he purchased the snowblower but failed after the machine had been improperly repaired by a mechanic. The snowblower's operating manual contained a clear and prominent warning against making the very alteration to the switch mechanism that was made by the mechanic. The mechanic, however, did not have a manual available when he repaired the snowblower. Does the homeowner have a viable claim against the manufacturer of the snowblower for damages

Answer 1

No, because the injury resulted from a substantial alteration of the snowblower by a third party.

Step-by-step explanation:

The snowblower user had repaired the machine by a local mechanic. It was written on the operating manual that mechanics of the machine is not easy and if there is any alteration made to to switch the machine may function abnormally. The alteration was made to the snowblower despite of clear warning by the manufacturer. Therefore homeowner cannot have a valid claim against the manufacturer of snowblower for damages.