Jared bought a cell phone made by WiFi Communications, Inc. Three months later, after recharging the battery

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Jared bought a cell phone made by WiFi Communications, Inc. Three months later, after recharging the battery through a power jack, Jared picked up the phone only to have it ignite in his hand. As a result, he suffered a severe burn. Jared filed a strict product liability lawsuit against WiFi, alleging that a design defect in the phone weakened the connection between the power jack and the motherboard, causing the wiring to overheat and creating an unreasonable safety hazard.

Could Jared succeed on his strict product liability claim? Yes. Jared can succeed with his claim if he can meet the requirements. A product is defective in design when the foreseeable ______________ of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design, and the failure to use the alternative design renders the product not reasonably ______________. Jared must show that the phone was defective when WiFi sold it, WiFi was normally engaged in selling that product, the phone was unreasonably ______________ to a user because of its defect, Jared incurred physical harm by use of the phone, the defect was the proximate ______________ of the harm, and the phone was not substantially changed from the time that it was sold to the time of the injury.

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Business Law Text And Exercises

ISBN: 9780357717417

10th Edition

Authors: Roger LeRoy Miller, William E. Hollowell

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