A man tries to swallow a pen as part of a circus act. The pen gets lodged in his throat, and he is taken to a hospital for immediate medical attention. The man sues the company that manufactured the pen. Which of the following would be the best defense for the pen manufacturer in this lawsuit?
A) It can claim that the product carried generally known dangers.
B) It can claim that the product was abnormally misused.
C) It can claim that the injury was caused by a supervening event.
D) It can claim that the plaintiff had assumed the risk when buying the product.

Question

Quizplus · Accepted Answer

The pen manufacturer can argue that the man's act of attempting to swallow the pen was an abnormal, unforeseeable use of the product and not intended or recommended by the manufacturer. Therefore, the manufacturer is not liable for any resulting injury or harm.

A Man Tries to Swallow a Pen as Part of a Circus