Plaintiff’s infant daughter died after swallowing a balloon removed from the doll. Is Perfect Products liable to plaintiff under a theory of strict liability? Explain.
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Perfect Products manufactures balloons, which are then bought and resold by wholesale novelty distributors. Mego Corp. manufactures a doll called “Bubble Yum Baby.” A balloon is inserted in the doll’s mouth with a mouthpiece, and the doll’s arm is pumped to inflate the balloon, simulating the blowing of a bubble. Mego Corp. used Perfect Products balloons in the dolls, bought through the independent distributors. Plaintiff’s infant daughter died after swallowing a balloon removed from the doll. Is Perfect Products liable to plaintiff under a theory of strict liability? Explain. |
Explanation
The contention of the plaintiff is not correct because the balloons manufactured by Company P are not hazardous and do not require a label for stating precautions of use. Besides that, the use of the balloons in dolls by Company M is not known to Company P.
The balloons are not defective and the plaintiff needs to take care of their child, while they play with the doll, to protect them from swallowing the balloon.
Sample Response
Company P is not going to be held liable because the balloon cannot be considered a defective and dangerous products. Besides that, Company P has no information about the utilization of the balloons by Company M.
