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5 November, 00:04

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 coworker Cliff.

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

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

b. When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty of care.

c. While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to strict liability.

d. Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.

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  1. 5 November, 00:47
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    Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.

    Explanation:

    Strict liability means that an injured party may sue another even when they don not prove a case against them. A party is held liable for injuries from a certain activity.

    For example a company that produces tools may be held liable when the machinery it produces causes injury during use by the injured party.

    The injured party need not prove negligence of the defendant.

    In this instance MakerMan Manufacturing is liable for the hammer that injured one of Rob's coworkers while they were using it.

    Strict Liabilities are classified into 3: animals owned, product liability, and abnormally dangerous acts.
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