California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A new amusement park ride, advertised as 'the safest thrill ride ever,' unexpectedly malfunctioned during its inaugural run. An independent inspection later revealed a manufacturing defect in a critical hydraulic component. Several riders were injured. Assuming the amusement park exercised reasonable care in operating and maintaining the ride, on what theory are the injured riders most likely to successfully sue the ride manufacturer?
- ABreach of Warranty
- BStrict Liability (Design Defect)
- CStrict Liability (Manufacturing Defect)
- DNegligence
Show answer & explanationAnswer & explanation
Correct answer: C. Strict Liability (Manufacturing Defect)
A manufacturing defect occurs when a product departs from its intended design, even if all possible care was exercised in the preparation and marketing of the product. The critical hydraulic component failing due to a manufacturing defect directly supports a strict liability claim for manufacturing defect against the manufacturer.
Why the other options are wrong
- A. Breach of warranty is a contract claim, and while possibly applicable, strict product liability is a tort claim often preferred for personal injury due to its easier proof requirements for manufacturing defects.
- B. Design defect involves the entire product line being flawed in its design, not just an individual unit's deviation from the design.
- D. Negligence would require proving the manufacturer failed to exercise reasonable care, which is not stated as the primary issue here; strict liability bypasses this need for manufacturing defects.
Strict Liability (Manufacturing Defect)
A form of strict product liability where a product deviates from its intended design, making it more dangerous than consumers would expect, regardless of the manufacturer's care.
- Focuses on the individual product, not the entire product line.
- No need to prove fault/negligence by the manufacturer.
- Product must be defective when it leaves the manufacturer's control.
Memory trick: N-S-W: Negligence, Strict, Warranty – choose your weapon.