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

question 31

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.
-Cutco believes it is not liable under the state-of-the-art defense. Is Cutco likely to be correct?

• A) Yes, if Cutco can prove it was not technologically feasible to produce a safe product at the time the product was produced.
• B) Yes, if CutCo can prove its behavior was reasonable, given the available scientific knowledge existing at the time the product was sold or produced.
• C) Yes, if CutCo can prove the benefits of the product outweighed the risks posed by the defect in the product design.
• D) No, if the plaintiffs can prove CutCo's behavior was unreasonable.
• E) No, the state-of-the-art defense is not available in most strict liability cases.

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Definitions:

HIV

Human Immunodeficiency Virus, a virus that attacks the immune system and can lead to AIDS if not treated.

Child

A young human being below the age of puberty or below the legal age of majority.

Course Of AIDS

The progression of HIV/AIDS, spanning from the initial infection, through various stages of symptomatic and asymptomatic periods, to the potential end stage known as Acquired Immunodeficiency Syndrome (AIDS).

Initial Infection

The first stage of an infection after the entry of the pathogen into the host, often characterized by the initial onset of symptoms.