Question

Sal purchased a used toaster at a yard sale. The seller told Sal that although the toaster was more than 10 years old, she had not had any problems with it. Sal takes the toaster home and uses it for a few months. One day, however, as Sal was using the toaster, it malfunctioned and caused a small fire in Sal's kitchen along with significant smoke damage. Sal decides to sue the manufacturer of the toaster and will do so within one month of the fire. What would likely be the manufacturer's best defense in a strict liability in tort action brought by Sal?

Answer 1

The manufacturer of the toaster would argue from the point of view of the warranty offered for the toaster. In most electronic products, the manufacturer offers warranty ranging from 1 year to 5 years.

For the toaster to have worked for more than 20 years without any problem shows that it was a good product. And, the warranty must have expired hence the need not to be held responsible for whatever happened to it.

Step-by-step explanation: