Little Bobby,5 years old,finds his older brother's "Extendo Sword," which is a toy sword about a foot long which springs out to 5 feet long when a button is pushed on the handle.His mother tells him to put it down because he will hurt someone if he's not careful.Bobby pushes the button when the sword is pointed toward his face and,just as all properly functioning "Extendo Swords" do,the sword shoots out.Bobby is injured and,under products liability,sues the toy store which sold the toy.Bobby will most likely:

Question

Quizplus · Accepted Answer

Bobby may argue that there was a design defect in the "Extendo Sword" which caused his injury, as it shot out unexpectedly when he pushed the button. The fact that such injury occurred suggests that the sword was not reasonably safe for its intended use, and thus it may have a design defect. Therefore, Bobby can hold the toy store liable under products liability. Options A, B, and E may not apply because Bobby's act of playing with the sword after being told not to, proving negligence on the part of the toy store, or showcasing state-of-the-art design do not necessarily determine whether the sword had a design defect. Option C also does not apply because the question does not suggest any manufacturing error.

Little Bobby,5 Years Old,finds His Older Brother's "Extendo Sword," Which