Douglas Bratz and Bradley Baughn were injured while riding a Honda minitrail bike. At the time, they
Question:
Douglas Bratz and Bradley Baughn were injured while riding a Honda mini–trail bike. At the time, they were eight years old. Douglas was driving and Bradley was the passenger when the bike hit a truck. Douglas had run three stop signs and was looking behind him at a girl riding another mini–trail bike at the time of the accident. Bradley was not wearing a helmet, and although Douglas was wearing one, it flew off when the bike hit the truck because it was not fastened. The minibike contained a warning label prominently posted in front of the operator.
It read: Read the owner's Manual Carefully. This vehicles was Manufactured for off the Road use only. Do not operate on public street, Roads or Highways. The operator’s manual contained a similar admonition as well as a statement urging the user to wear a helmet. The fathers of both boys owned motorcycles and had purchased minibikes for their children. The parents of the injured boys filed suit against Honda, claiming, among other things, that the mini–trail bike was unreasonably dangerous. Honda maintained that it had provided sufficient warning as to the danger of improper operation. Should Honda be held strictly liable for the injuries?
Step by Step Answer:
Law for Business
ISBN: 978-1259722325
13th edition
Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards