Asked by Marcos Colon on Jun 23, 2024
Verified
Which of the following is not a factor that a trial court may find helpful when balancing a product's utility against the risk the product creates, as set forth in the text from the Sperry-New Holland v. Prestage case?
A) The product's safety aspects.
B) The manufacturer's ability to eliminate the unsafe character of the product without impairing its usefulness or making it too expensive to maintain its utility.
C) The product's design, look and feel.
D) The availability of a substitute product that would meet the same need and not be as unsafe.
E) The usefulness and desirability of the product.
Product's Utility
The usefulness or functionality of a product in satisfying a consumer's need or want.
Unsafe Character
A term that may describe a person's disposition that poses a risk to themselves or others but is not widely used in a specific technical sense. (Assumed explanation as term is uncommon)
Substitute Product
A product that a consumer can purchase instead of another product due to similarities in function or utility, typically affecting consumer choices and market competition.
- Gain an understanding of the basic principles and theoretical frameworks governing product liability.
Verified Answer
CF
corry frimpongJun 28, 2024
Final Answer :
C
Explanation :
The product's design, look, and feel are not mentioned as factors in balancing a product's utility against the risk it creates according to the principles set forth in the Sperry-New Holland v. Prestage case.
Learning Objectives
- Gain an understanding of the basic principles and theoretical frameworks governing product liability.