Sandy rented a lawn mower from Scott Rentals. The lawn mower wheel was loose when Sandy picked up the mower. When she began to use it, the wheel fell off, causing the mower to tip over onto her foot. Under what theory can Sandy hold Scott liable for her injuries?

Question

Quizplus · Accepted Answer

Both breach of warranty of merchantability and strict liability in tort for a defective condition are applicable theories under which Sandy can hold Scott Rentals liable for her injuries. The warranty of merchantability implies that the rented equipment is fit for the ordinary purposes for which such goods are used. Strict liability in tort for a defective condition applies because the lawn mower had a defect (loose wheel) that made it unsafe for its intended use.

Sandy Rented a Lawn Mower from Scott Rentals