Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular.The pacemaker is manufactured by Benford, Inc.In this case, Dr.DeBenedetto, the surgeon, is considered as the dominant element.Supposing that the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure?

Question

Quizplus · Accepted Answer

Benford, Inc would be strictly liable for the failure of the pacemaker as they are the manufacturer of the device. The surgeon and the hospital may still be held liable for any negligent actions that may have contributed to the failure, but in terms of strict liability, the manufacturer is the responsible party.

Henry Is Undergoing a Surgery at Sacred Heart Hospital to Insert