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The Title 28 of the United States Code QUESTION #3725
Question 1
A manufacturer produces a toaster that has a hidden defect in the wiring. The toaster catches fire, destroying a consumer's kitchen but causing no physical injuries. The consumer sues the manufacturer in 'strict products liability.' What is the manufacturer's best defense?
  • The consumer was negligent in not having a fire extinguisher.
  • The defect was not 'foreseeable.'
  • The 'Economic Loss Rule' prevents recovery for purely property damage in some jurisdictions.✔️
  • The manufacturer used 'due care' in the assembly process.
Correct Answer Explanation
While 'strict liability' usually covers property damage, some jurisdictions apply the 'Economic Loss Rule' to prevent tort claims when a defective product only damages itself or causes purely economic loss, suggesting a contract/warranty claim instead. (Note: Most tort laws allow recovery for damage to *other* property, like the kitchen, but the 'due care' defense is irrelevant in strict liability.)