Sally purchased a used toaster at a yard sale.The seller told Sally that although the toaster was over ten years old,she had not had any problems with it.Sally takes the toaster home and uses if for a few months.One day,however,as Sally was using the toaster,it malfunctioned and caused a small fire in Sally's kitchen along with significant smoke damage.Sally decides that she wants to sue the manufacturer of the toaster and that she is going to do so within one month of the fire.What would likely be the manufacturer's best defense in a strict liability in tort action brought by Sally?

Question

Quizplus · Accepted Answer

The manufacturer's best defense would be the statute of repose, which limits the time within which a lawsuit may be brought based on the age of the product. In this case, the toaster was over ten years old, which may be beyond the time limit set by the statute of repose for products liability claims. The statute of limitations would not be as effective, as Sally has already stated that she intends to file a lawsuit within one month. The fact that Sally bought the toaster from a yard sale would not be a viable defense for the manufacturer in a strict liability in tort action.

Sally Purchased a Used Toaster at a Yard Sale