Diane bought an action figure for her son David from Terrence's Toy Shop.The packaging did not mention that the toy contained small detachable parts.David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital.On which of the following product liability charges can Diane sue Terrence's Toy Shop for damages?
A)negligence
B)misrepresentation
C)fraud
D)nuisance

Question

Quizplus · Accepted Answer

Terrence's Toy Shop can be held liable for negligence as they failed to include a warning that the toy contained small detachable parts that could be hazardous for children. The absence of such a warning could be considered a breach of the duty of care owed to the consumers, which resulted in harm to David. The other options of misrepresentation, fraud, and nuisance seem less applicable in this case.

Diane Bought an Action Figure for Her Son David from Terrence's