Question

Benjamin decided to do a 14-days detox cleansing challenge and eat only vegetable and fruit-based smoothies during that time. Benjamin wanted to purchase the “Minja” model, a highly-rated countertop blender, manufactured by Whole Earth, for use during this cleansing challenge. On March 1, he bought the “Minja” blender for $250, at the upscale Come & Get Department Store, in Brooklyn. The next day, Benjamin followed the instructions and placed slices of apples, kale, and berries inside the blender. He locked the top and pressed the “on” button of the blender as instructed. Suddenly, the top cover came loose, spun out, hit and injured Benjamin. Benjamin hired a lawyer, who was unable to find evidence of negligence on the part of either the Come & Get Department Store or the Whole Earth Manufacturing. The lawyer did find, however, that Whole Earth had failed to install a small safety valve that would have prevented this explosion. The cost of this safety valve would have been an extra 2 dollars per blender.

Benjamin sues to recover for his injuries. Discuss full

Answer 1

In this case the provisions of “product liability” will come into picture.

Here the injury was caused due to a part missing in the Minja model. The part that was missing was a safety valve.

As such the provisions of ‘strict liability’ will apply in this case. Here Benjamin (the plaintiff) does not need to prove that a manufacturer was negligent, but only that the product was defective. It should be noted that the product was defective and rather was unsafe for use due to the missing safety valve. The missing safety valve made the Minja model inherently dangerous and this is all Benjamin and his lawyer have to assert and prove.

This will enable Benjamin to recover damages from the manufacturer.