Question $2$

$2pts$

Beth bought the Super Blaster Squirt Gun for her son, Phillip, to use while playing in the pool. The squirt gun was a top$-$of$-$the$-$line squirt gun. The squirt gun came with instructions for assembly and use and provided warnings against various types of misuse. The pamphlet that came with the squirt gun advised that it should be$|$ used only under adult supervision, that it must not be used by children under $11$ years old, and that nothing should be put into the squirt gun except water.

Phillip had a pool party for his tenth birthday and several of his friends were invited. One guest, Teresa, age $10,$ decided to load pebbles along with water into the gun. She began shooting the gun and hit Craig, another guest, in the eye, requiring treatment at an emergency room. Craig required some minor surgery but thankfully sustained no permanent injury. Craig's parents stated that they looked at the squirt gun when they initially arrived at the party but did not notice any warnings affixed directly to the product.

Craig's parents want to sue someone for something, but they do not particularly want to sue Beth, their friend and hostess of the party.

Which statement is true regarding a lawsuit brought by Craig's parents against the manufacturer of the Super Blaster Squirt Gun for negligence?

Although privity of contract is not an issue, Craig's parents would be unable to prevail in an action against the manufacturer for negligence because they did not read the instruction booklet.

Privity of contract is not necessary in order to sue for negligence so the fact that neither Craig nor her parents were in privity of contract with the seller would not prevent a negligence$-$based action.

Although privity of contract is not an issue, Craig's parents would be unable to prevail in a negligence action because Craig did not sustain permanent physical injury.

Craig's parents would be prohibited from suing the manufacturer because of the federal law prohibiting lawsuits for failure to warn in cases involving children.