Question
A manufacturer of a disposable butane lighter is sued for the wrongful death of two adults and a child under strict products liability law when
A manufacturer of a disposable butane lighter is sued for the wrongful death of two adults and a child under strict products liability law when the family's house burned down as a result of the six-year-old child setting bed clothes on fire using the manufacturer's butane lighter. The allegation against the manufacturer is based on the theory that the lighter was defective because it did not have a childproof device to prevent children from igniting the lighter. This butane lighter had the words: "Keep Out of Reach of Children" written on the outside of the lighter body.
How strong of a case does the family's estatehave in its strict product liability lawsuit against the manufacturer based on the lighter being adefective product?
- Strong, because the product only contained a warning to keep the lighter away from children, but did not provide a childproofing mechanism.
- Weak, because there was no evidence that the product was unreasonably dangerous in normal use.
- Weak, because it would be difficult to prove with certainty that the lighter was the cause of the fire.
- Strong, because lighters are unavoidably unsafe.
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