Street Bikes,Inc.,makes and sells a bicycle to Theo.Street Bikes fails to exercise "due care" to make the bicycle safe,however,and Theo is injured as a result.Street Bikes is most likely liable for
A)market-share liability.
B)none of the choices.
C)negligence.
D)product misuse.

Question

Quizplus · Accepted Answer

Street Bikes is likely liable for negligence because they didn't exercise reasonable care in making the bicycle safe, which resulted in Theo's injury. Market-share liability would only apply if the injury was caused by a defective product but it was impossible to identify which manufacturer was responsible. Product misuse would require Theo to use the product in an unintended way, which is not mentioned in the scenario.