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

Question 55

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 any assertion by Rachel's parents that a warning should have been affixed to the product itself to warn adults as well as children?


A) There is a federal law that provides that manufacturers are not required to affix warnings directly to a product.
B) Most state laws provide that manufacturers are not required to affix warnings directly to a product.
C) Rachel's parents cannot complain because they did not purchase the squirt gun.
D) If parties other than the original purchasers will likely use the product, a warning should be placed directly on the product itself.
E) Court cases hold that warnings on a product are not required so long as the purchaser is given an instructional pamphlet setting forth warnings.

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