A gasoline-powered lawn mower that had been used earlier to cut grass was left unattended next to a water heater that had been manufactured by Sears
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A gasoline-powered lawn mower that had been used earlier to cut grass was left unattended next to a water heater that had been manufactured by Sears. Expert testimony was presented to demonstrate that vapors from the mower’s gas tank accumulated under the water heater and resulted in an explosion. Three-year-old Shawn Toups was injured as a result. Evidence was also presented negating any claim that Shawn had been handling the gasoline can located nearby or the lawn mower. He was not burned on the soles of his feet or the palms of his hands, and similarly, the gas can remained in an upright position even after the explosion. Is Sears liable to the Toups in strict product liability? Explain. |
Explanation
Individual ST cannot be accused of negligence in this case. Individual ST has to prove that the condition of the product is unfit and extremely dangerous for use. Individual ST also has to prove that the manufacturer dispatched a faulty product. Organization S is going to have to compensate since it failed to provide a warning of the potential injuries, which the product can cause at the time of usage. It was Organization S's responsibility to print and bring the potential danger of the product to the attention of the buyer at the point of the trial.
Sample Response
Organization S is liable in such a case; Individual ST is going to prevail under strict liability. The danger should have been expressed by the organization in the manual.
