Solved

Kirsten Recently Went Through Breast Implant Surgery

Question 33

Multiple Choice

Kirsten recently went through breast implant surgery. As a result of a rare occurrence, one of the implants ruptured and leaked harmful fluid into her body. Kirsten has sued the manufacturer of the implant under the tort of negligence. That manufacturer


A) is subject to strict liability because its products are so dangerous.
B) cannot be held liable to Kirsten unless she personally paid it for the implant.
C) will not be held liable if it issued a warning of that relevant risk to Kirsten's physician, even if it did not warn Kirsten herself.
D) can escape liability under the learned intermediary rule if it can prove that Kirsten could have discovered the risk if se had done sufficient research.
E) will not be held liable unless the implant was carelessly designed.

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