Scuba manufacturer designs and sells the best scuba gear on the market.Any industry and governmental standards are met,and there is no better technologically feasible design than that used by the manufacturer.There had been no previous problems with the gear,but on one unfortunate day,the breathing apparatus malfunctioned resulting in a diver needing medical care.Which of the following is the best defense to a lawsuit brought by the diver?

Question

Quizplus · Accepted Answer

The state-of-the-art defense asserts that the manufacturer was not negligent because they employed the most advanced technology and followed all industry and governmental standards. As there were no previous problems with the gear, and the manufacturer met all standards, this defense would likely be the best option. Comparative fault, assumption of the risk, and ultrahazardous activity defenses would not be as applicable in this scenario.

Scuba Manufacturer Designs and Sells the Best Scuba Gear on the Market.Any