Sally purchased a used toaster at a yard sale.The seller told Sally that the toaster was over ten years old,she had not had any problems with it.Sally takes the toaster home and uses if for a few months.One day,however,as Sally was using the toaster,it malfunctioned and caused a small fire in Sally's kitchen along with significant smoke damage.Sally decides that she wants to sue the manufacturer of the toaster and that she is going to do so within one month of the fire.What would likely be the manufacturer's best defense in a strict liability in tort action brought by Sally?

Question

Quizplus · Accepted Answer

The statute of repose places a limit on the time within which an action may be brought against the manufacturer for products liability claims. In this case, the toaster is over ten years old, so the statute of repose has likely expired, which would provide a viable defense for the manufacturer. The statute of limitations and the fact that Sally bought the toaster at a yard sale may not be relevant defenses in this case, and there may be other defenses available to the manufacturer as well.

Sally Purchased a Used Toaster at a Yard Sale