negligence or strict liability, and the defenses the manufactor might have.?

Question by jollypop30: negligence or strict liability, and the defenses the manufactor might have.?

Playworld Systems Recalls Swing Sets Due to Fall Hazard Caused by Defective Clevises
The following product safety recall was voluntarily conducted by the firm in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed.

Name of Product: Playground Swing Sets

Units: About 17,300

Manufacturer: Playworld Systems Inc., of Lewisburg, Pa.

Hazard: The clevis bearing on the swing set can wear, causing the swing to detach and the user to fall.

Incidents/Injuries: No incidents or injuries have been reported.

Best answer:

Answer by MenifeeManiac
Strict liability is usually reserved for products that have a high level of danger inherent in its use, such as dynamite.

You have a case of products liability negligence, based upon a design defect.

However, the company has issued warnings concerning the problems associated with the product’s use.

If there are no injuries or incidents prior to the notice, than anyone who uses the product with the notice given is using the product, as unmodified, may be acting negligently himself.

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