Question

The E Company has sold five million toasters. There have never been any safety problems with the toasters. One toaster, for no apparent reason, electrocutes the son of a woman who bought the toaster In a suit against the E Company for the death, the company is likely to be held:______.

a. not liable because one in five million toasters is evidence of high quality, not a safety problem
b. not liable because the toaster was purchased by the woman, not her son, so there is no right to sue
c. not liable because of assumption of the risk, a reasonable person knows that using an electrical appliance could result in injury
d. liable in strict liability based on a manufacturing defect theory e. liable in strict liability based on a design defect theory

Answer 1

Answer: D. liable in strict liability based on a manufacturing defect theory.

Explanation: The company can be held liable based on manufacturing defect theory, if it is proved that it was because of a manufacturing defect on that particular toaster that lead to the dead of the boy.

Since the woman's son was electrocuted by the toaster for no apparent reason the company will be held liable for the dead of the boy.