Assignment task:
In the following hypothetical, discuss whether strict liability under products liability could apply and the reasons why. In your response, also examine whether any defenses are relevant and, if so, how would they be applied.
Funtime Corporation manufacturers a small doll, Mr. Toughstuff. The doll is seven inches tall and includes three detachable teeth made of hard plastic. The teeth are pointed and about two inches long. The doll very closely resembles a dragon cartoon character that is popular amongst preschoolers. The packaging in which the doll comes includes a warning that the toy is not suitable for children under the age of six years old. The warning is printed in black-and-white on the back of the package.
Mr. Jones purchases the doll for his daughter, Susie, who loves dragons. Susie is four years old. While playing unsupervised in her bedroom with the doll, Susie removes one of the detachable teeth and sticks it in her mouth. Unfortunately, Susie accidentally swallows the tooth and chokes. Mr. Jones, who is downstairs in the kitchen, hears thrashing upstairs and runs to assist Susie. Susie is rushed to the emergency room and had to undergo surgery to remove the tooth. She now has a permanent scar on her throat and has nightmares of being attacked by a dragon almost every evening.