In which of the following cases would a manufacturer or seller be held liable for a user's injuries?
A) The user was not considered a sophisticated user at the time of the product's manufacture but was considered a sophisticated user at the time of his or her use of the product.
B) The user was injured while engaging in a misuse of the product that was unforeseeable by the manufacturer.
C) The user was a sophisticated user.
D) The user was injured while engaging in an unusual use of the product that was reasonably foreseeable by the manufacturer.

Question

Quizplus · Accepted Answer

In this scenario, the manufacturer or seller may be held liable because the user's injury resulted from an unusual use of the product that was reasonably foreseeable by the manufacturer. In option A, since the user was considered a sophisticated user at the time of use, they may assume the risk of harm associated with the product. In option B, if the misuse of the product was unforeseeable by the manufacturer, they may not be held liable. In option C, if the user was a sophisticated user, they may assume the risk of harm associated with the product.

In Which of the Following Cases Would a Manufacturer or Seller