¶ … Product Liability: Warranties and Torts
Facts: Maria Gonzalez rented an apartment from Maria Garcia. Garcia installed a Morflo water heater, which was kept in an area inaccessible by tenants. The water heater and its manual contained extensive warnings indicating that burns could occur if the water was above 120 degrees. Gonzalez's 15-month-old child Angel was scalded while being bathed by his 15-year-old brother, in a manner contra-indicated by the warnings on the heater and in the manual. Angel and his mother brought suit against Morflo and its distributor, alleging defects in the design of the water heater and the failure to warn.
Should they recover?
Reasoning: A party cannot recover from a manufacturer when a product has been used in a non-conforming manner. A manufacturer meets its duty to warn by placing warnings on the product and in the manual provided for its use.
Answer: Yes.
Facts: Avery purchased a refrigerator from a retail store. The written contract stated that the refrigerator was sold "as is" and that the warranty of merchantability and all warranties of fitness were excluded. The refrigerator worked properly for a few weeks and then...
Tort / Business Law Questions Chapter 24 Product Liability: Warranties and Torts The issue in this case is whether or not Maria Gonzalez and/on behalf of Angel would recover in a lawsuit against either Morflow or Robertshaw, alleging defects in the design of the water heater and failure to warn. The law of strict liability states that one who sells any product in a defective condition unreasonably dangerous to the user or
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