Question
Jane sues the manufacturer of a treadmill after she was hurt when using it. While running, Jane stumbled and the treadmill carried her violently backward,
Jane sues the manufacturer of a treadmill after she was hurt when using it. While running, Jane stumbled and the treadmill carried her violently backward, causing significant personal injuries. Jane argues that the treadmill had a defective design by not incorporating a kill switch that would instantaneously stop the treadmill from moving if a user stumbled. How strong of a case does Jane have for strict product liability based on the defective design of the treadmill?
Strong, because the dangers of running on a treadmill are not commonly known.
Weak, because in order for Jane to get injured in such a manner, she must have been using the treadmill in a way for which it was not designed.
Weak, because none of the treadmills produced by this manufacturer incorporate "kill switches."
Strong, because the treadmill was unreasonably dangerous under normal use without a kill switch, a technology that is available and not overly expensive to incorporate.
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