Multistate Bar Examination Practice Question

TechWidgets Inc. manufactures electronic devices and ensures all products undergo rigorous safety testing before distribution. One of their devices malfunctions during normal use, causing injury to a consumer. The consumer files a product liability lawsuit against TechWidgets Inc. Which of the following is the BEST defense TechWidgets Inc. can assert in this case?

  • The consumer assumed the risk of using the product.

  • The product was misused in an unintended manner.

  • A third party altered the product after distribution.

  • The product was not defective when it left the manufacturer’s control.

Multistate Bar Examination
Torts
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