MakerMan Manufacturing creates heavy-duty hand tools. It produces a new collapsible hammer called the SmackN'Stash. One of the first purchasers of the hammer, Rob, is using it at a construction site when the hammer's head flies off and injures his coworkerCliff.

1.How does the concept of strict product liability apply to this situation?

oProduct liability torts require Rob to show that one or more of the design or manufacturing elements is defective.

oEven if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.

oWhen companiessell defective products to consumers who are injured, liability will resultwithout having to show that the manufacturer breached the duty of care.

oWhile using a collapsible hammer is a dangerous activity, it is not of the type of danger thatwould subject MakerMan to strict product liability.