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[Squirt Gun Mishap] Marie Decided to Purchase a Large Squirt

Question 53

Multiple Choice

[Squirt Gun Mishap] Marie decided to purchase a large squirt gun for her son, Alex, to use while playing in the pool. The squirt gun was of a very elaborate variety and had a number of different attachments for different sprays of water. The squirt gun came with instructions for assembly and use, and provided warnings against various types of misuse. The pamphlet that came with the squirt gun advised that the squirt gun should be used only under adult supervision, that it must not be used by children under 11 years old, and that nothing should be put into the squirt gun except water. Alex had a party for his tenth birthday at the pool. A number of children came. A guest, Sophie, age 10, decided to load pebbles along with water into the gun. She began shooting the gun and hit Rachel, another guest, in the eye, requiring treatment at an emergency room. Rachel required some minor surgery, but sustained no permanent injury. Rachel's parents stated that they looked at the squirt gun when they initially arrived at the party, but did not notice any warnings affixed directly to the product. Rachel's parents want to sue someone for something, but they do not particularly want to sue Marie, their friend and hostess of the party.
-Which statement is true regarding warnings and the usage of products by children?


A) There is no duty to warn when children are involved because it is assumed that parents are responsible.
B) There is a duty to warn when children are involved, but it is no different from the duty to warn when only adults are expected to use a product.
C) Picture warnings could be required if children are likely come into contact with the product and risk harm from its use.
D) Warnings are only required for children whose parents actually purchased the product.
E) Warnings are only required for minors above the age of twelve because it is assumed that children under that age will not be able to comprehend warnings.

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