I have this case i have to analyze. I think it has dealing with strict product l

Question

I have this case i have to analyze. I think it has dealing with strict product liability. I am also struggling to find a supporting case for my answer. Any help?

Q2.      While driving under the influence of alcohol, Joe runs off the road and wrecks his car. As the car turns over, the protruding door latch hits the ground and the door flies open. Joe who is not wearing his seat belt is thrown from the car and is badly hurt. Joe sues the car manufacturer, asserting that the door latch was defectively designed. Discuss the legal issues raised by these facts

Explanation / Answer

In this is specific case the plaintiff cannot sue the manufacturing company for negligence of misrepresentation. Joe was not wearing a seatbelt which is a crime. He was committing a crime at the time of the accident. Not only he was not wearing seatbelt but he was also intoxicated at the moment which is also a major factor in determination of his in capability for filing lawsuit. Joe specifically R rain the car Offroad which is his responsibility rather than being responsibility of the manufacturing company.
In this specific condition seller has full availability of raising defence with misuse of the product claiming that Joe was intoxicated as well as he was not wearing any seat belt. Is the door was opening when the car was sleeping over then Joe has some sort of claim on the company for assuming that the door should not open like this while the car is flipping over.
In this case there is no such condition where Joe has any opportunity to get any compensation from the manufacturing company as everything was his fault for taking the car or driving the car while being in influence of alcohol and running it off road.

Related Questions

Navigate

• Browse (All)
• Browse I
• Subjects