David Weiner was transporting a 54-inch long, 180 pound canister of nitrous oxide (to use in inflating

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David Weiner was transporting a 54-inch long, 180 pound canister of nitrous oxide (to use in inflating balloons), which he took to rock concerts in his girlfriend's two-door, hatchback Acura. Weiner flipped down the back of the rear seats to make room for the canister. He suffered personal injuries when he hit a guardrail and the unrestrained canister slid into the back of the driver's seat, pinning him between the seat and the shoulder harness. Weiner sued the manufacturers and sellers of the Acura on two strict liability theories:
(1) Design defect (because the front seats could not withstand the impact of a 180-pound object and because no restraints were provided to secure the cargo) and
(2) Failure to warn. How should the court rule on these claims?

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The law of marketing

ISBN: 978-1439079249

2nd Edition

Authors: Lynda J. Oswald

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