Bar Exam — MBE (Multistate Bar Exam)TortsMedium
A renowned concert pianist, known for his delicate touch, sustained a severe laceration to his dominant hand after a notoriously unstable, custom-built stage prop unexpectedly collapsed during a rehearsal. The prop was designed and installed by a specialized theatrical fabrication company. The pianist had previously expressed concerns to the production manager about the prop's stability, but no additional safety measures were implemented. Which of the following is the most likely basis for strict liability against the theatrical fabrication company?
- AThe company breached a non-delegable duty to ensure safety.
- BThe company engaged in an abnormally dangerous activity.
- CThe prop was a defective product.
- DThe prop was an inherently dangerous instrumentality.
Show answer & explanationAnswer & explanation
Correct answer: C. The prop was a defective product.
Strict products liability applies when a product is defective and causes injury, regardless of fault. Here, the unstable stage prop, custom-built, qualifies as a product, and its unexpected collapse suggests a defect in design or manufacturing.
Why the other options are wrong
- A. A non-delegable duty typically arises in negligence contexts, not strict liability for product defects. While they might have such a duty, it's not the 'most likely basis for strict liability'.
- B. Building stage props, even custom ones, is not generally considered an abnormally dangerous activity that warrants strict liability, unlike blasting or handling hazardous waste.
- D. While the prop was dangerous, 'inherently dangerous instrumentality' is too broad and often applies to things like explosives, not typically a stage prop, without proof of defect. It's not the primary basis for strict liability here.
Strict Products Liability
Liability without fault imposed on commercial sellers for harm caused by defective products. It aims to protect consumers from unsafe products.
- Applies to commercial sellers (manufacturers, distributors, retailers).
- Product must be defective (manufacturing, design, or warning).
- Defect must have existed when it left seller's control.
- Causation and damages must be proven.
Memory trick: Products have no excuses, if they break and cause bruises.