Question

Little Bobby, who is 5 years old, finds his older brother’s "Extendo Sword", a toy sword about a foot long that is sharp and springs out to 5 feet long when a button is pushed on the handle. The label on the sword says it is safe for children over 3 years of age. Bobby pushes the button when the sword is pointed toward his face and, just as all properly functioning "Extendo Swords" do, the sword shot out. Bobby is injured and under products liability, sues the toy store that sold the toy. Bobby will most likely: lose because of contributory negligence. lose if he cannot prove negligence on the part of the toy store. win on the basis of a manufacturing defect. win on the basis of a design defect. lose if the defendant can show that the sword was a state of the art design.

Answer 1

Answer: Win on the basis of a manufacturing defect

Explanation:

Under Products Liability, those who are involved in making or distributing a product which causes injuries such as manufacturers, distributors, suppliers, and retailers can be held liable for said injuries.

The product was stated to be safe for children above the age of 3 to be able to play with and yet injured Bobby who is 5 years of age. This means that the product is defective in design and so if Bobby can prove this then he should win the case.