Which of the following is not a factor that a trial court may find helpful when balancing a product's utility against the risk the product creates,as set forth in the text from the Sperry-New Holland v.Prestage case?
A)the availability of a substitute product that would meet the same need and not be as unsafe
B)the manufacturer's ability to eliminate the unsafe character of the product without impairing its usefulness or making it too expensive to maintain its utility
C)the usefulness and desirability of the product
D)the product's design,look and feel
E)the product's safety aspects

Question

Quizplus · Accepted Answer

A)According to Sperry-New Holland v.Prestage,a trial court should look to the following factors when balancing a product's utility against the risk the product creates: 1)the usefulness and desirability of the product;2)the safety aspects of the product;3)the availability of a substitute product that would meet the same need and not be as unsafe;4)the manufacturer's ability to eliminate the unsafe character of the product without impairing its usefulness or making it too expensive to maintain its utility;5)the user's ability to avoid danger by the exercise of care in the use of the product;6)the user's anticipated awareness of the dangers inherent in the product and their avoidability,because of general public knowledge of the obvious condition of the product or of the existence of suitable warnings or instructions;and 7)the feasibility,on the part of the manufacturer,of spreading the loss by setting the price of the product or carrying liability insurance.
B)According to Sperry-New Holland v.Prestage,a trial court should look to the following factors when balancing a product's utility against the risk the product creates: 1)the usefulness and desirability of the product;2)the safety aspects of the product;3)the availability of a substitute product that would meet the same need and not be as unsafe;4)the manufacturer's ability to eliminate the unsafe character of the product without impairing its usefulness or making it too expensive to maintain its utility;5)the user's ability to avoid danger by the exercise of care in the use of the product;6)the user's anticipated awareness of the dangers inherent in the product and their avoidability,because of general public knowledge of the obvious condition of the product or of the existence of suitable warnings or instructions;and 7)the feasibility,on the part of the manufacturer,of spreading the loss by setting the price of the product or carrying liability insurance.
C)According to Sperry-New Holland v.Prestage,a trial court should look to the following factors when balancing a product's utility against the risk the product creates: 1)the usefulness and desirability of the product;2)the safety aspects of the product;3)the availability of a substitute product that would meet the same need and not be as unsafe;4)the manufacturer's ability to eliminate the unsafe character of the product without impairing its usefulness or making it too expensive to maintain its utility;5)the user's ability to avoid danger by the exercise of care in the use of the product;6)the user's anticipated awareness of the dangers inherent in the product and their avoidability,because of general public knowledge of the obvious condition of the product or of the existence of suitable warnings or instructions;and 7)the feasibility,on the part of the manufacturer,of spreading the loss by setting the price of the product or carrying liability insurance.

Which of the Following Is Not a Factor That a Trial