Question

Winter is never far enough away. Being the go-getter that you are, you decide to purchase a snow-blower in preparation for the coming snowfall next season. After shopping around, Small-Mart has the best deal on a “Deathtrap” snow-blower, which is manufactured by BigCorp. “Deathtrap” is a quality model which is a top seller. You purchase the “deathtrap” Snow-blower from Small-Mart. The following winter, it snows. You get your newly minted “Deathtrap” snowblower out of the box, and wheel it out onto the sidewalk (which is covered with snow). As you turn the snowblower on, the defective machine explodes causing you significant injury. Ouch. As a result, you want to sue for damages. Within 3 months, you contact an attorney, who takes your case, and files a lawsuit on your behalf.

Can you successfully sue BigCorp? Why or why not? Does it matter whether BigCorp was negligent in manufacturing the “Deathtrap” snow-blower? Is BigCorp strictly liable? Does BigCorp have any defenses to this lawsuit? Be sure to go through any possible defenses, and whether or not those defenses would be successful. Would it make any difference if you bought the snowblower at your neighbor Joe’s garage sale, instead of at Small-Mart?

Answer 1

Yes! I will definitely sue Bigcorp for the damages made by the defective product they have sold me but to begin with I would like to share my opinion being a go-getter before decided to purchase a snowblower i would have been done some research that to in respect of safety of my own so the research regarding the product to see if i worth getting it or not. Firstly estimated properly the area to be cleared, depth of snow, size of the machine, weight and how to operate it .

Bigcorp the top seller manufacturing company strictly liable for the compensation because the cause happened by their sold defective machine ,they should have mentioned the pros and cons , operation of this deathtrap product for the sake of a safety of an individuals who are willing to buying it, otherwise such product handle to the expertise to channelise .

Though the company have defenses to this lawsuit like product liability claims, breach of warranty, and strict liability but the fact is such product must required the warning signs,stickers or a checklist to operate it. The injury took place due to faulty product sold by the company must required the compensation for the loss

A wise man said once that you can only have two out of good, cheap, and quick you can't get all three .If i bought the snowblower at my neighbor joe's garage it would make difference in respect of reliability( the product would have reliable and get it in a cheaper price ) but old product than the small mart.