Assume that instead of a third party removing the safety switch, Mitsubishi Caterpillar Forklift America, Inc. (the seller) had manufactured the forklift with a defective safety switch. The company had tested numerous safety switches and could not have known that this one was defective. Under these facts, Mr. VeRost may recover under what theory or theories of product liability?

Question

Social Studies

Dickson

12 February, 18:58

Assume that instead of a third party removing the safety switch, Mitsubishi Caterpillar Forklift America, Inc. (the seller) had manufactured the forklift with a defective safety switch. The company had tested numerous safety switches and could not have known that this one was defective. Under these facts, Mr. VeRost may recover under what theory or theories of product liability?

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Picasso · Answer 1

strict liability or product liability for a manufacturing defect

Explanation:

The rules of strict liability state that someone will be strictly liable - liable without a victim having to prove negligence or fault - for an accident in certain circumstances while Strict product liability laws state that a manufacturer or distributor of a defective product will owe an injured person compensation even if the defendant took reasonable steps to prevent the defect.