Question

ABC Company manufactures a contraption meant to enable a rider to fly behind a ski boat. After a few months, ABC begins to hear of injuries when riders crash into water or boats. In hopes of escaping liability, the president of ABC Company decides to discontinue business and sell all assets to XYZ Company. The president of XYZ Company is excited to purchase the assets at a bargain price and help ABC avoid liability based upon the assertion of the president of ABC that XYZ cannot legally be held liable for the flying accidents. Which of the following is true in a majority of states applying the traditional successor liability rule?

a. XYZ Company will not be held liable for the accidents so long as there is no contractual agreement by which it agrees to accept liability.
b. XYZ Company will only be held liable if it continues to manufacture the same product lines as ABC.
c. XYZ Company will only be held liable if it keeps the same tax number as ABC Company.
d. XYZ Company will likely be held liable for the accidents based upon the transaction being entered into wrongfully in order for ABC Company to escape successor liability.

Answer 1

d. XYZ Company will likely be held liable for the accidents based upon the transaction being entered into wrongfully in order for ABC Company to escape successor liability.

Step-by-step explanation:

Successor liability basically means that any creditor or plaintiff can recover from the company or individual that purchases an asset or a business (in this case ABC company) from any liabilities that may have been originated before the exchange transaction was finished, even if the firm or individual that purchases the asset or company did not assume or will not want to assume any liabilities as part of the exchange deal.

In other words, XYZ is liable for any lawsuits regarding the contraption device previously manufactured by ABC.