Super Tool Company makes tools for consumers and construction professionals.While using a Super tool to replace an electrical outlet,Tom neglects to shut off the power and is electrocuted.Against a suit filed by Tom's heirs,Super's best defense is
A)assumption of risk.
B)contributory negligence.
C)negligence per se.
D)superseding cause.

Question

Quizplus · Accepted Answer

Contributory negligence would be the best defense in this case for Super Tool Company since Tom was responsible for his own injury by neglecting to shut off the power before using the tool. Assumption of risk may not apply since Tom may not have necessarily known the risks involved with using the tool without shutting off the power. Negligence per se may also not apply since it refers to negligence that violates a specific law or regulation, which may not be applicable in this case. Superseding cause may also not apply since Tom's own actions were the immediate cause of his injury.

Super Tool Company Makes Tools for Consumers and Construction Professionals