George Bought a Power Handsaw from a Local Hardware Store

question 49

Essay

George bought a power handsaw from a local hardware store.The manufacturer had made the saw with a blade guard,which surrounds the blade,helping to prevent blade contact with the user.The manufacturer sold the saw to a wholesaler,which sold it to the hardware store.The hardware store removed the blade guard from the saw,but put it in the box that contained the saw.When George got home,he noticed that the blade guard was off.He could have reattached it,or he could have taken it back to the store,but George was in a hurry,so he used it the way it was.While sawing,he hit a knot in the wood,the saw kicked back,and the blade hit George's hand,seriously injuring it.Kickbacks are a relatively common occurrence,but if the blade guard had been installed,George would not have between injured.George wants to sue everyone in the chain of distribution under a strict liability theory.Discuss the potential liability of each member in the chain of distribution,and any possible defenses that may be raised.

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Definitions:

Probability

The likelihood of a specific event or outcome happening, often expressed as a number between 0 and 1.

Control

In an experiment, a control group or element is used as a benchmark to measure how the other tested elements differ.

Lurking Variables

Variables that are not included as explanatory or response variables in a study but can affect the interpretation of relationships between variables.

Text Messages

Short digital messages sent over a mobile network, typically containing alphanumeric characters and transmitted between mobile devices.