Question

John purchases a blender from JuiceMart. A crack in the plastic casing causes the blade to swing out of control and fly at John's arm. John is shaken up by the incident but otherwise uninjured. John's strict product liability suit will most likely:

a. succeed because JuiceMart was in the business of selling that product.
b. fail because the blender was not in a defective condition.
c. fail because John did not incur physical harm to self or property.
d. succeed because the blender was not substantially changed from the time the product was sold to the time the injury was sustained.

Answer 1

Answer: c. fail because John did not incur physical harm to self or property.

Explanation: Product liability law suit involves injuries that happened when a product that is defective in some way is being used. To prove product liability claim, product must be defective, injury must occur, defect must cause injury, product is used as intended. John did not suffer any injury or loss while using the defective product therefore his suit will fail.