Kirsten recently went through breast implant surgery.As a result of a rare occurrence, one of the implants ruptured and leaked harmful fluid into her body.Kirsten has sued the manufacturer of the implant under the tort of negligence.That manufacturer
A) cannot be held liable unless the implant was carelessly designed.
B) might not be held liable if it issued a warning of the relevant risk to Kirsten's physician, even if it did not warn Kirsten herself.
C) can escape liability under the learned intermediary rule if it can prove that Kirsten could have discovered the risk if she had done sufficient research on the internet.
D) will not be held liable to Kirsten unless she purchased the implant directly from the manufacturer.
E) is subject to strict liability because its products are so dangerous.
Correct Answer:
Verified
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