Clive buys a rifle from Gun Manufacturing Company and goes hunting. During the hunting expedition, he accidentally shoots himself in the foot. Which of the following would be true of this case?
A) Clive can bring a strict liability lawsuit against the company for its failure to warn him about the possible dangers of firearms.
B) Clive can bring a strict liability lawsuit against the company for failure to provide adequate instructions on the use of the rifle.
C) Clive cannot take any action because the handling of firearms entails generally known dangers.
D) Clive cannot take any action against the company because he had abnormally misused the product.

Question

Quizplus · Accepted Answer

DStrict liability in product liability cases typically requires that the product be defective in some manner that causes harm. In this scenario, there's no indication that the rifle was defective. The dangers associated with firearms are generally known (C), and accidentally shooting oneself can be considered an abnormal misuse of the product (D), thus negating the basis for a strict liability lawsuit on those grounds.

Clive Buys a Rifle from Gun Manufacturing Company and Goes