A man tries to swallow a pen as part of a circus act.The pen becomes lodged in his throat and he is taken to a hospital for immediate medical attention.The man sues the company that manufactured the pen.Which of the following would be the best defense for the pen manufacturer in this lawsuit?
A)They can claim that the product carried generally known dangers.
B)They can claim that the product was abnormally misused.
C)They can claim that the injury was caused by a supervening event.
D)They can claim that the plaintiff had assumed the risk when buying the product.

Question

Quizplus · Accepted Answer

The best defense for the pen manufacturer would be to claim that the product was abnormally misused because swallowing a pen is not a typical or intended use of the product. This defense would place the responsibility for the injury on the individual who chose to swallow the pen rather than on the manufacturer who made the pen for its intended use of writing.

A Man Tries to Swallow a Pen as Part of a Circus