Question
Harry has an air mattress (he will use as a bed) that he wishes to inflate. He takes a product known as Fix-A-Flat that inflates
Harry has an air mattress (he will use as a bed) that he wishes to inflate. He takes a product known as Fix-A-Flat that inflates flat tires and instantly seals the point of inflation. Harry takes Fix-A-Flat and retrofits it so that his vacuum cleaner will blast an air stream into the mattress at the same time, providing more of air-stream than Fix-A-Flat could do on its own. He starts to blow up the mattress, inserts the Fix-A-Flat and turns on the vacuum which sends a blast of air so powerful that it blows the whole mattress and causes burns on Harries face and upper body when the mattress explodes. Fix-A-Flat had listed all products that the product could be used for and none were an air mattress. In a lawsuit against the Fix-A-Flat manufacturer Harry will likely:
lose due to product abuse
win under a strict liability or a negligence standard
lose under strict liability but win under negligence
win due to implied warranty of safety
lose due to comparative negligence
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