Rose who is obese files a product liability suit against Burger Meal

Rose who is obese files a product liability suit

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67. Rose, who is obese, files a product liability suit against Burger Meal Corporation (BMC), alleging that BMC’s food is unhealthy because, as Rose knows, it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of a. preemption.b. assumption of risk.c. comparative negligence.d. knowledgeable user.ANSWER: d 68. Garage Magic, Inc., contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores. Ian buys one of openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Magic, Ian must file a suit within four years of a 69. In making and marketing tools and other do-it-yourself home maintenance products,Do-It-Rite Corporation, like other sellers, is required to take precautions against b 70. The brakes on Dirk’s Tour de Valle bicycle malfunction, but he continues to ride it because he likes the thrill of the unstoppable acceleration. One night, enjoying a fast downhill pace, he speeds through a stop sign and is struck by a truck. In Dirk’s suit against Tour de Valle, the bike maker can raise the defense of b 71. Bob is shopping in Carl’s Hardware Store when a nail gun in use by Dan, one of Carl’s employees, fires without warning and hits Bob in the leg. Carl checks the gun and discovers that it was assembled improperly. Bob files a suit against Eagle Tools, Inc., the manufacturer of the gun, for product liability, on the ground of strict liability. What are the elements for an action based on strict liability? In whose favor is the court likely to rule and why?
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  • Spring '16
  • Bruce Byars
  • c., Product liability

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