Question

Bobdog manufactures large machines that crush cars for recycling. The machine had a clear warning on it that the area should be clear prior to pressing the "crush" button. However, the operator ignored the warning and another worker, Joan, was seriously injured. Based on class discussion and product liability laws what is the likely outcome of a lawsuit if Joan sues Bobdog?

1) If Joan presents evidence that Bobdog could have improved safety and prevented this accident with simple changes to the machine design then Bobdog will be liable.

2) Bobdog's warning is a complete defense to a product liability case.

3) Bobdog is negligent per se.

4) The operator of the machine is negligent and the operator negligence "comparatively" eliminates the negligence of Bobdog.

Answer 1

2) Bobdog's warning is a complete defense to a product liability case

The warning message provided by Bobdog actually creates a defense against the liability of the same. The operator is negligent in this context, which eliminates the liability of the manufacturer if any.