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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 32373
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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Sam manufactures electric mixers. Sam has been in the business

Customer Question

Sam manufactures electric mixers. Sam has been in the business for 15 years. The mixers were originally made so that if a utensil was caught in the beater blades, the mixer would stop. XXXXX XXXXXed companies that manufactured the motor for the mixer and was not aware that the new company didn’t have that safety feature built in the mixer. Sam’s mixers were generally sold in the household market. Sarah purchased a mixer and while making cookies, her finger got between the beaters and two were cut off. Sarah sued Sam’s for the loss of her fingers. What result would you expect and why. Explain your answer.
Submitted: 7 years ago.
Category: Business Law
Expert:  Dwayne B. replied 7 years ago.
This appears like a clear case of the mixer being unreasonably dangerous and defective. Under your facts you can't tell which cause of action is appropriate, but it could be a failure to war, a manufacturing defect, or a design defect, or a combination. These are under a negligence cause of action. There may also be a breach of warranty or breach of contract cause of action.

Finally, depending on the facts, a strict liability cause of action may be appropriate. For a good discussion of strict liability see http://en.wikipedia.org/wiki/Product_liability.

The result in this case would be that Sam would be responsible for Sarah's lost fingers.

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Customer: replied 7 years ago.
I need legal basis for this answer.
Expert:  Dwayne B. replied 7 years ago.
What legal basis do you mean?

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