Description

Law 531 Week 3 Apply Assignment

Use the following information to answer questions 1–5.
MakerMan Manufacturing creates heavy-duty hand tools. It produces a new collapsible hammer called the SmackN’Stash. One of the first purchasers of the hammer, Rob, is using it at a construction site when the hammer’s head flies off and injures his coworker Cliff.
How does the concept of strict liability apply to this situation?
• When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty of care.
• While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to strict liability.
• Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.
• Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.

How does the concept of strict product liability apply to this situation?
o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty of care.
o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to strict product liability.
o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.
o Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.

How does the concept of privity of contract apply to this situation?
• When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached a contract with the customer.
• Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.
• Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.
• Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.

How does the concept of defective design/manufacturing apply to this situation?
• While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to take care to avoid defective design or manufacturing.
• When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty to warn.
• Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.
• Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.

How does the concept of manufacturer’s duty to warn apply to this situation?
• Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.
• Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.
• While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to warning consumers about the product.
• When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty to warn.