[Scissors Injury] Yvonne Bought a New Pair of Large-Sized, Extra-Sharp

question 79

Multiple Choice

[Scissors Injury] Yvonne bought a new pair of large-sized, extra-sharp scissors made by CutCo at her local store, BuyStuff. At the time of purchase, Yvonne noticed that the packaging was torn. The clerk offered her a discount because of the damage. When Yvonne tried to open the package containing the scissors at home, she found the hard plastic packaging was difficult to open. Her roommate, Gwen, handed her a knife to cut the packaging. While Yvonne was cutting, the hard plastic sliced her finger, causing her to drop the package. When the package fell, the scissors fell out of the package onto Yvonne's toe. Gwen then picked up the scissors and ran to call an ambulance. Unfortunately, she tripped and fell while running with the scissor blades facing up, and was stabbed in the stomach. Yvonne and Gwen each suffered injuries and sued CutCo and BuyStuff, alleging strict product liability.
-Gwen believes her lawsuit will be successful because there was no warning label on the scissors. Is she correct?

• A) Yes, under the bystander theory.
• B) Yes, because the scissors did not warn of the hazards of running with scissors.
• C) Yes, because the warning should have at least contained a picture warning.
• D) No, because no duty to warn exists for dangers arising either from unforeseeable misuses of a product or from obvious dangers.
• E) Yes, because CutCo should have known that without a warning, the product would be dangerous in its ordinary use.

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