Wilma locked herself in the trunk of a 1973 sedan in an attempt to learn a magic trick. After some time, she decided to get out of the trunk, but was unable to do so. She was released nine days later. She subsequently sued the manufacturer of the sedan for the psychological and physical injuries she sustained because the trunk did not have an internal release or opening mechanism that would have allowed her to escape. She alleged that the manufacturer was negligent in its design of the car because it lacked such a mechanism, and negligent because it failed to warn users that the trunk did not have such a mechanism. In this scenario, was the manufacturer of the sedan negligent for failing to warn, or failing to include a release mechanism in its design of the car?

Question

Keshawn Blanchard

Social Studies

3 February, 23:58

Wilma locked herself in the trunk of a 1973 sedan in an attempt to learn a magic trick. After some time, she decided to get out of the trunk, but was unable to do so. She was released nine days later. She subsequently sued the manufacturer of the sedan for the psychological and physical injuries she sustained because the trunk did not have an internal release or opening mechanism that would have allowed her to escape. She alleged that the manufacturer was negligent in its design of the car because it lacked such a mechanism, and negligent because it failed to warn users that the trunk did not have such a mechanism. In this scenario, was the manufacturer of the sedan negligent for failing to warn, or failing to include a release mechanism in its design of the car?

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Answers (2)

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Jaime · Answer 1

yes the manufacturer was negligent

Explanation:

The manufacturer was Negligent because the Trunk of a 1973 sedan is designed to be released (open and close) from outside the trunk and not from inside of the trunk and he was suppose to include an information indicating how the trunk functions

Although Wilma locking herself in the trunk of the car was not the purpose for which the car was designed for, hence she used the car wrongly but she can sue the manufacturer for the Negligence because the manufacturer did not provide information about the danger of using the car for a purpose that it was not built for like trying to open the trunk from inside

Virginia · Answer 2

Yes, the manufacturer is required to disclose how the car functions.

Explanation:

It is not advisable to go into a trunk voluntarily and lock yourself in. This is dangerous and potentially life threatening. It does occur in some unfortunate situations that individuals may be held in trunks against their will. Some of these individuals may be able to make it out alive if they were given the opportunity to get out of the trunk on their own.

A manufacturer of a car should include details of the function of the trunk when the car is purchased and/or advertised. In this case Wilma is within her rights to sue the manufacturer since they did not disclose the potential dangers of being locked in the trunk of the car they made whether or not she did so willingly.