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) It can claim that the product carried generally known dangers.
B) It can claim that the product was abnormally misused.
C) It can claim that the injury was caused by a supervening event.
D) It can claim that the injury was caused by an intervening event.

Question

Quizplus · Accepted Answer

The pen manufacturer could argue that the man's actions in trying to swallow the pen were an abnormal misuse of the product, and therefore the manufacturer should not be held liable for any resulting injuries. This defense is commonly used in product liability cases where a consumer misuses a product in a way that could not have been reasonably foreseen by the manufacturer. Choices A, C, and D are not relevant defenses in this case.

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