Asked by Kirstin Coale on Mar 10, 2024

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Which of the following products would impose strict liability in tort according to Section 402A?

A) Popcorn containing large amounts of genuine butter.
B) 150-proof Virgin Island rum.
C) A chainsaw sold with the safety shielding removed.
D) A Ferrari capable of speeds in excess of 150 mph.

Strict Liability

A legal doctrine holding an individual or entity liable for damages or injuries caused by their actions, regardless of fault or intent.

402A

A section of the Restatement (Second) of Torts that outlines the principle of strict liability for harm caused by defective products.

Safety Shielding

Protective measures or devices designed to prevent accidents or injuries in various environments, especially those involving machinery, equipment, or hazardous materials.

  • Recognize various categories of product flaws: manufacturing errors, design issues, and inadequate warnings.
  • Understand the scope of responsibility for commercial sellers and distributors under the Restatement (Third) of Torts.
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Verified Answer

KF
Kayla Fisher

Mar 10, 2024

Final Answer :
C
Explanation :
Section 402A of the Restatement (Second) of Torts imposes strict liability on sellers of any product in a defective condition unreasonably dangerous to the user or consumer. A chainsaw sold without safety shielding is considered to be in a defective condition that makes it unreasonably dangerous, thus fitting the criteria for strict liability.