Sal purchased a used toaster at a yard sale.The seller told Sal that although the toaster was more than 10 years old,she had not had any problems with it.Sal takes the toaster home and uses it for a few months.One day,however,as Sal was using the toaster,it malfunctioned and caused a small fire in Sal's kitchen along with significant smoke damage.Sal decides to sue the manufacturer of the toaster and will do so within one month of the fire.What would likely be the manufacturer's best defense in a strict liability in tort action brought by Sal?

Question

Quizplus · Accepted Answer

The manufacturer's best defense in a strict liability in tort action brought by Sal would be the statute of repose. The statute of repose limits the time within which a lawsuit may be brought based on when the product was first sold, regardless of when the injury occurred. In this case, if the toaster was more than 10 years old when Sal bought it, then the statute of repose may have expired and the manufacturer may not be liable.

Sal Purchased a Used Toaster at a Yard Sale