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Little Bobby,5 Years Old,finds His Older Brother's "Extendo Sword," Which

Question 71

Multiple Choice

Little Bobby,5 years old,finds his older brother's "Extendo Sword," which is a toy sword about a foot long which springs out to 5 feet long when a button is pushed on the handle.His mother tells him to put it down because he will hurt someone if he's not careful.Bobby pushes the button when the sword is pointed toward his face and,just as all properly functioning "Extendo Swords" do,the sword shoots out.Bobby is injured and,under products liability,sues the toy store which sold the toy.Bobby will most likely:


A) lose because of contributory negligence by playing with the sword after being told not to
B) lose if he cannot prove negligence on the part of the toy store
C) win on the basis of a manufacturing defect
D) win on the basis of a design defect
E) lose if the defendant can show that the sword was a state-of-the-art design

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