Sunday, November 30, 2014

Ford v. Zahn case brief summary

Ford v. Zahn case brief summary

Facts
· A man loses his eye to a car ashtray
· The D admits that ashtray is defective in the fact that it can cause accidents, mostly cut fingers and torn clothing

Argument
· The defendant argues that it was not a foreseeable injury that a man might lose his eye.

Holding
· The court says that the type of injury doesn't matter, it is still a manufacturing defect and the maker is liable.

Analysis
· Could be Strict Liability for design defect or negligence for lack of due care in manufacturing the ashtray.

***

Note: Privity of Contract is no longer a valid concern, the consumer is almost never in privity of contract with the manufacturer.

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