Diane bought an action figure for David, her 3-year-old son, from Terrence's Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence's Toy Shop for damages?
A) negligence
B) misrepresentation
C) fraud
D) nuisance

Question

Quizplus · Accepted Answer

Diane can sue Terrence's Toy Shop for negligence as they did not mention that the toy contained small detachable parts which could be a potential hazard for children. The shop had a duty to provide adequate warning and failed to do so, which resulted in harm to David. Misrepresentation, fraud, and nuisance do not apply in this scenario.

Diane Bought an Action Figure for David, Her 3-Year-Old Son