Crucial Exams

Multistate Bar Examination Practice Question

A customer purchased a smoke detector from a retailer. A manufacturing defect rendered the device inoperative, ultimately failing to alert the customer to a house fire that caused significant property damage and minor injuries. The customer files a strict liability lawsuit against the retailer. Which defense is most likely to succeed for the retailer?

  • The retailer provided warnings to the customer about potential risks associated with product malfunction.

  • The product defect was consistent with prevailing industry practices at the time of manufacture.

  • The smoke detector met applicable safety and industry standards at the time it was manufactured.

  • The customer used the smoke detector in a way that was not reasonably expected and contributed significantly to the harm.

Multistate Bar Examination
Torts
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