A homeowner purchased a new brand of lawnmower. While using it for the first time, a defect in the blade mechanism caused the blade to detach and fly off, narrowly missing the homeowner. The homeowner immediately returned the lawnmower, demanding a refund, and sued the manufacturer for the emotional distress caused by the near-miss. Under strict products liability, what is the manufacturer's liability for the homeowner's emotional distress?
- AThe manufacturer is strictly liable for the emotional distress because the product was defective and unreasonably dangerous.
- BThe manufacturer is liable for emotional distress only if the homeowner was in the zone of danger and suffered physical manifestations of the distress.
- CThe manufacturer is not strictly liable for emotional distress unless there was accompanying physical injury.
- DThe manufacturer is liable for the emotional distress if the homeowner can prove the manufacturer was negligent in designing the blade mechanism.
Show answer & explanationAnswer & explanation
Correct answer: C. The manufacturer is not strictly liable for emotional distress unless there was accompanying physical injury.
In strict products liability, pure emotional distress (without accompanying physical injury or impact) is generally not recoverable. Strict liability primarily covers physical harm to persons or property caused by a defective product. While some jurisdictions allow recovery for emotional distress if it accompanies a physical injury or is within the zone of danger, the question explicitly states a 'near-miss' and focuses on 'emotional distress caused by the near-miss,' implying no physical injury.
Why the other options are wrong
- A. While the product was defective, strict products liability typically does not cover pure emotional distress without physical harm.
- B. While 'zone of danger' is relevant for negligent infliction of emotional distress, strict products liability generally requires physical injury for emotional distress claims.
- D. This introduces negligence, but the question asks about strict products liability, which does not require proof of manufacturer negligence.
Damages in Strict Products Liability
Recoverable damages in strict products liability typically include physical injury to the person, property damage, and economic loss, but generally not pure emotional distress without accompanying physical harm.
- Physical injury to person is recoverable.
- Property damage (other than to the product itself) is recoverable.
- Economic losses may be recoverable in some jurisdictions (e.g., California).
- Pure emotional distress without physical impact or injury is often not recoverable.
Memory trick: Defect's bite, not just fright, earns your right.