1. What did the court mean when it stated that strict product liability laws are not fully...

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1. What did the court mean when it stated that strict product liability laws are “not fully congruent” with classical tort law?

2. Why would the enforcement of the exculpatory clause in this case conflict with the rationale underlying strict product liability?


Savannah Boles brought suit against Sun Ergoline, Inc., asserting a strict products liability claim for personal injury. Sun Ergoline moved for summary judgment, countering that Boles’s claim was barred by a release she signed prior to using its product. The trial court agreed and granted Sun Ergoline’s motion on the basis of the following undisputed facts. Executive Tans operated an upright tanning booth manufactured by Sun Ergoline. Prior to using the booth, Boles signed a release form provided by Executive Tans that contained the following exculpatory agreement: “I have read the instructions for proper use of the tanning facilities and do so at my own risk and hereby release the owners, operators, franchiser, or manufacturers, from any damage or harm that I might incur due to use of the facilities.” After entering the booth, several of Boles’s fingers came in contact with an exhaust fan located at the top of the booth, partially amputating them.


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Business Law Text and Cases

ISBN: 978-1111929954

12th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross

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