Gabby thought it would be fun if she and her friends jumped out of her window onto the trampoline and then into the swimming pool. Her friends agreed and promised they would jump if Gabby went first. Gabby jumped on the trampoline, but didn't land in the pool. Instead she landed on the cement, severely injuring herself. Gabby filed a product liability action for strict tort liability and breach of warranty against the manufacturer of the trampoline. She alleged that the trampoline was a defective product. At trial, evidence was produced by defense witnesses showing that the trampoline was not defective. Which of the following is not a defense for strict tort liability? assumption of risk abnormal misuse of product failure to follow instructions negligence

Question

Camilla Best

Business

18 February, 19:13

Gabby thought it would be fun if she and her friends jumped out of her window onto the trampoline and then into the swimming pool. Her friends agreed and promised they would jump if Gabby went first. Gabby jumped on the trampoline, but didn't land in the pool. Instead she landed on the cement, severely injuring herself. Gabby filed a product liability action for strict tort liability and breach of warranty against the manufacturer of the trampoline. She alleged that the trampoline was a defective product. At trial, evidence was produced by defense witnesses showing that the trampoline was not defective. Which of the following is not a defense for strict tort liability? assumption of risk abnormal misuse of product failure to follow instructions negligence

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Answers (1)

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Gaven · Answer 1

D. negligence.

Explanation:

Negligence on part of defendant would not be a defense for strict tort liability.

Where as, assumption of risk, abnormal misuse of product, failure to follow instructions on part of plaintiff would offer a good defense for strict tort liability.