Fred sued Document Security Company,alleging he had suffered injuries to his hands as a result of attempting to fix a jam in one of Document Security's paper shredders.Fred alleged the shredder was defective because it failed to contain warnings regarding the dangers to fingers and hands while attempting to fix jams.In order to succeed,Fred will have to show:
A) all risk of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by Document Security Company.
B) paper shredders are inherently dangerous products.
C) his injuries would not have occurred but for the absence of the warnings.
D) foreseeable risks of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by Document Security Company.

Question

Quizplus · Accepted Answer

To succeed in a product liability lawsuit based on a failure to warn, the plaintiff must prove that the manufacturer had a duty to warn, that the warning was inadequate, and that the inadequacy of the warning was a proximate cause of the injury. The plaintiff does not have to prove that the product was inherently dangerous (B) or that all risk of harm could have been eliminated (A). In this case, Fred must show that his injuries would not have occurred if the shredder had contained reasonable warnings about the dangers of attempting to fix jams (C) and that such warnings were foreseeable. Therefore, the best choice is D.

Fred Sued Document Security Company,alleging He Had Suffered Injuries to His