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Business Law: Warranties, Product Liability and Consumer Law Cutter Company make

ID: 1195819 • Letter: B

Question

Business Law: Warranties, Product Liability and Consumer Law

Cutter Company makes and sells table saw, which are designed to be safe if used properly. Erin buys a Cutter saw and lends it to her neighbot Frank. To reach a toolbox on a high shelf in his garage, Frank props the saw at an angle against a cabinet and climbs on the saw. Frank loses his footing, slips off the saw, falls on the blade, and is injured. He files a product liability suit against Cutter on the ground of negligence. On what basis could the maker prevail?

Explanation / Answer

In this case, cutter was correct in filing liabilities suit against the maker. A manufacturer can be sued even if his product is safely designed for use. If a product can cause harm even due to the negligence of a person then he can file a suit. Besides warning need to be placed on the product.

The maker can save himself by arguing that his product did not have any manufacturing or design issues. Cutter was hurt due to unforeseeable reasons. Thus maker can prevail.