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Failed under what conditions, though? The manufacturer gets to specify the conditions under which they consider their product to be safe and suitable for a part
by theclaw 9y ago
Failed under what conditions, though? The manufacturer gets to specify the conditions under which they consider their product to be safe and suitable for a particular purpose. The car was not used under those conditions and the result was injury through misuse of the product.
If my toaster causes me serious injury because I used it in the bath, that is my problem.
- gamblor956 9y agoProduct liability (in the US) attaches to the normal usage of a product, whether that is an intended usage of the product or not. A toaster is not normally used in the bath, so that does not create product liability issues. A car is normally used for driving...in fact, that's a car's primary use...so product liability would attach to its driving-related functional failure.
- taneq 9y agoTo be fair, a car isn't normally used for driving on the freeway without looking where you're going for 5+ seconds at a time.
- dragonwriter 9y ago> The manufacturer gets to specify the conditions under which they consider their product to be safe and suitable for a particular purpose. No, they don't, otherwise they could disclaim everything.