A gasoline-powered lawn mower that had been used earlier to cut grass was left unattended next to a water heater that had been manufactured by Sears. Expert testimony was presented to demonstrate that vapors from the mowers gas tank accumulated under the water heater and resulted in an explosion. Three-year-old Shawn Toups was injured as a result. Evidence was also
Chapter 24, Problems #16
A gasoline-powered lawn mower that had been used earlier to cut grass was left unattended next to a water heater that had been manufactured by Sears. Expert testimony was presented to demonstrate that vapors from the mower’s gas tank accumulated under the water heater and resulted in an explosion. Three-year-old Shawn Toups was injured as a result. Evidence was also presented negating any claim that Shawn had been handling the gasoline can located nearby or the lawn mower. He was not burned on the soles of his feet or the palms of his hands, and, similarly, the gas can remained in an upright position even after the explosion. Is Sears liable to the Toups in strict product liability? Explain.
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Related Book For
Smith and Roberson Business Law
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
ISBN: 978-0538473637