FIRST , Underline the correct answer to each hypothetical question. Then choose
ID: 381590 • Letter: F
Question
FIRST, Underline the correct answer to each hypothetical question. Then choose only one answer. SECOND, explain why you chose your answer and why you DID NOT choose the other answers.
Mrs. Rodriguez recently purchased a new, uncrated electric range for her kitchen from Academy Retailer. The range has a wide oven with a large oven door. The crate in which stove Company, the manufacturer, shipped the range, carried a warning label that the stove would tip over with a weight of 25 pounds or more on the oven door. Mrs. Rodriguez was heating water in a pan on the stove when the telephone rang. She went into the living room to answer the phone. While she was gone, Amanda decided to find out what was cooking. She opened the oven door and climbed on it to try to see what was in the pan. Amanda’s weight (25 pounds) on the door caused the stove to tip over forward. Amanda fell to the floor and the hot water spilled over her, burning her severely. Amanda screamed. Mrs. Rodriguez ran to the kitchen and immediately, gave her first aid treatment for burns. Amanda then received medical treatment at a hospital.
Amanda’s burns were painful. They have now healed and do not bother her, but she has ugly scars on her legs and back.
If a claim is asserted by Amanda based on strict liability in tort against Stove company, she must establish that:
The defendant negligently designed the stove.
Stoves made by other manufacturers do not tip over with a 25-pound weight on the oven door.
The defendant failed to warn the Rodriguez’ that the stove would tip over easily.
The stove was defective and unreasonably dangerous to her.
Explanation / Answer
D. The stove was defective and unreasonably dangerous to her.
Reason why other options are incorrect:-
A. is incorrect because, negligence need not be proved and defendant is liable to held in suit based on theory of strict liability
B. is incorrect because, The manufacturer produced the stove which gets tip over 25 pound of weight, this fact do not indicates that the product is defective.
C. is also incorrect because, manufacturer can not simply put a warning sign and can sell dangerous product in the market. This also proves that product was defective.
D. is correct because, Mrs. Rodriguez is supposed to prove that the product has harmed Amanda and it was defective and unreasonably dangerous. This comes in strict liability suit also.
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