Jake bought a motorcycle from his neighbor Randy. Randy had owned the motorcycle

Question

Jake bought a motorcycle from his neighbor Randy. Randy had owned the motorcycle for his personal use for about two years. The day after the purchase, Jake is seriously injured after the motorcycle suddenly veers off of the highway due to a manufacturing defect. Jake brings a strict liability action against Randy. Jake will most likely lose because the A. motorcycle can't have been substantially changed from the time the product was sold to the time of the injury. B. plaintiff must incur physical harm by use of the motorcycle. C. defendant must normally be engaged in the business of selling or otherwise distributing motorcycles. D. product must be in a defective condition when the defendant sells it.

Explanation / Answer

Jake will most likely lose the case because -

C. defendant must normally be engaged in the business of selling or otherwise distributing motorcycles

As the motorcycle was sold by customer Randy who is already using it who is the defendant in this case, Randy is not liable for the accident or manufacturing defect as he is not engaged in the selling and distribution business of the motorcycles.

As it was a manufacturing defect, Randy is not liable or responsible for the accident and injury.

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