1. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. CHAPTER 23 Warrantees and Product Liability 1

2. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 2 Overview A warranty is an assurance of fact upon which a party may rely. A warranty is an assurance of fact upon which a party may rely.  Warranty of Title.  Express Warranty.  Implied Warranty of Merchantability.  Implied Warranty of Fitness for a Particular Purpose.  Implied warranty arising from the course of dealing or trade usage. A warranty is an assurance of fact upon which a party may rely. A warranty is an assurance of fact upon which a party may rely.  Warranty of Title.  Express Warranty.  Implied Warranty of Merchantability.  Implied Warranty of Fitness for a Particular Purpose.  Implied warranty arising from the course of dealing or trade usage.

3. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 3 §1: Warranties of Title Automatically arises in most commercial sales transactions. Automatically arises in most commercial sales transactions. UCC-312 creates 3 warranties: UCC-312 creates 3 warranties:  Good Title (example pg. 449).  No Liens (pg 450).  No Infringements (copyright, patents,etc…) Automatically arises in most commercial sales transactions. Automatically arises in most commercial sales transactions. UCC-312 creates 3 warranties: UCC-312 creates 3 warranties:  Good Title (example pg. 449).  No Liens (pg 450).  No Infringements (copyright, patents,etc…)

4. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 4 Warranty Title Disclaimer Title warranty can generally be disclaimed only with specific language in contract. Title warranty can generally be disclaimed only with specific language in contract. Circumstances may be obvious to clearly indicate disclaimer of title, such as a sheriff’s sale. Circumstances may be obvious to clearly indicate disclaimer of title, such as a sheriff’s sale. Title warranty can generally be disclaimed only with specific language in contract. Title warranty can generally be disclaimed only with specific language in contract. Circumstances may be obvious to clearly indicate disclaimer of title, such as a sheriff’s sale. Circumstances may be obvious to clearly indicate disclaimer of title, such as a sheriff’s sale.

5. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 5 Express Warranties Can be oral or written-- don’t have to use the words “warrant” or “guarantee.” Can be oral or written-- don’t have to use the words “warrant” or “guarantee.”  Any Affirmation or Promise.  Any Description.  Any Sample or Model. Can be oral or written-- don’t have to use the words “warrant” or “guarantee.” Can be oral or written-- don’t have to use the words “warrant” or “guarantee.”  Any Affirmation or Promise.  Any Description.  Any Sample or Model.

6. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 6 Express Warranties To create an express warranty, the affirmation of fact must become the “basis of the bargain.” To create an express warranty, the affirmation of fact must become the “basis of the bargain.” And Buyer must rely on warranty when he enters into contract. And Buyer must rely on warranty when he enters into contract. Statements of Opinion and Value. Statements of Opinion and Value.  Generally excludes “puffing” – “Best car in town”, not an express warranty.  However, expert opinion is not puffery. To create an express warranty, the affirmation of fact must become the “basis of the bargain.” To create an express warranty, the affirmation of fact must become the “basis of the bargain.” And Buyer must rely on warranty when he enters into contract. And Buyer must rely on warranty when he enters into contract. Statements of Opinion and Value. Statements of Opinion and Value.  Generally excludes “puffing” – “Best car in town”, not an express warranty.  However, expert opinion is not puffery.

7. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 7 Implied Warranties Warranty inferred at law based on the circumstances or nature of the transaction. Warranty inferred at law based on the circumstances or nature of the transaction. Under the UCC, merchants warrant the goods they sell are “merchantable”, i.e., fit for ordinary purpose for which such goods are sold. Under the UCC, merchants warrant the goods they sell are “merchantable”, i.e., fit for ordinary purpose for which such goods are sold. Warranty inferred at law based on the circumstances or nature of the transaction. Warranty inferred at law based on the circumstances or nature of the transaction. Under the UCC, merchants warrant the goods they sell are “merchantable”, i.e., fit for ordinary purpose for which such goods are sold. Under the UCC, merchants warrant the goods they sell are “merchantable”, i.e., fit for ordinary purpose for which such goods are sold.

8. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 8 Implied Warranty of Merchantability Automatically arises from merchants (pg 452). Automatically arises from merchants (pg 452). Goods are of average, fair, or medium-grade. Goods are of average, fair, or medium-grade. Adequately packaged and labeled. Adequately packaged and labeled. Conform to promises on label. Conform to promises on label. Have a consistent quality and quantity among the commercial units. Have a consistent quality and quantity among the commercial units. Case 23.1: Webster v. Blue Ship Tea Room, Inc. (1964). Case 23.1: Webster v. Blue Ship Tea Room, Inc. (1964). Automatically arises from merchants (pg 452). Automatically arises from merchants (pg 452). Goods are of average, fair, or medium-grade. Goods are of average, fair, or medium-grade. Adequately packaged and labeled. Adequately packaged and labeled. Conform to promises on label. Conform to promises on label. Have a consistent quality and quantity among the commercial units. Have a consistent quality and quantity among the commercial units. Case 23.1: Webster v. Blue Ship Tea Room, Inc. (1964). Case 23.1: Webster v. Blue Ship Tea Room, Inc. (1964).

9. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 9 Implied Warranty of Fitness for a Particular Purpose Arises by any Seller who: Arises by any Seller who:  Knows the particular purpose for which the goods are being bought; and  Knows the buyer is relying on seller’s skill and judgment to select suitable goods. Arises by any Seller who: Arises by any Seller who:  Knows the particular purpose for which the goods are being bought; and  Knows the buyer is relying on seller’s skill and judgment to select suitable goods.

10. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 10 Implied Warranty Arising from Course of Dealing or Trade Usage Arises when both parties to a contract have knowledge of a well-recognized trade custom. Courts infer that both meant this custom to apply to their transaction. Arises when both parties to a contract have knowledge of a well-recognized trade custom. Courts infer that both meant this custom to apply to their transaction.

11. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 11 Magnuson-Moss Warranty Act FTC enforces; Attorney general or consumer can bring action. FTC enforces; Attorney general or consumer can bring action. Modifies UCC for consumer sales. Modifies UCC for consumer sales. Only applies when written warranties are made by Seller (including a service contract). Only applies when written warranties are made by Seller (including a service contract).  If goods > $10 label “full” or “limited.”  If goods > $15 Seller must make additional disclosures. FTC enforces; Attorney general or consumer can bring action. FTC enforces; Attorney general or consumer can bring action. Modifies UCC for consumer sales. Modifies UCC for consumer sales. Only applies when written warranties are made by Seller (including a service contract). Only applies when written warranties are made by Seller (including a service contract).  If goods > $10 label “full” or “limited.”  If goods > $15 Seller must make additional disclosures.

12. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 12 Magnuson-Moss Act Full Warranty: Seller must repair or replace. Full Warranty: Seller must repair or replace. Limited Warranty must be conspicuous. Limited Warranty must be conspicuous.  If limit of time only must say, e.g., “full twelve- month warranty.” UCC Implied Warranties: UCC Implied Warranties:  May not be disclaimed, but can be limited, but must correspond with time of express warranty. Full Warranty: Seller must repair or replace. Full Warranty: Seller must repair or replace. Limited Warranty must be conspicuous. Limited Warranty must be conspicuous.  If limit of time only must say, e.g., “full twelve- month warranty.” UCC Implied Warranties: UCC Implied Warranties:  May not be disclaimed, but can be limited, but must correspond with time of express warranty.

13. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 13 §2: Overlapping Warranties Occurs when two or more warranties made in a single transaction: Occurs when two or more warranties made in a single transaction:  Ie: purchase a new car First: merchantibleFirst: merchantible Second: 36,000 miles or 36 months, whichever comes firstSecond: 36,000 miles or 36 months, whichever comes first Occurs when two or more warranties made in a single transaction: Occurs when two or more warranties made in a single transaction:  Ie: purchase a new car First: merchantibleFirst: merchantible Second: 36,000 miles or 36 months, whichever comes firstSecond: 36,000 miles or 36 months, whichever comes first

14. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 14 §3: Warranty Disclaimers and Limitations on Liability Express Warranties can be disclaimed: Express Warranties can be disclaimed:  If they were never made (evidentiary matter).  If a clear written disclaimer in contract with specific, unambiguous language and called to Buyer’s attention (BOLD CAPS UNDERLINED). Express Warranties can be disclaimed: Express Warranties can be disclaimed:  If they were never made (evidentiary matter).  If a clear written disclaimer in contract with specific, unambiguous language and called to Buyer’s attention (BOLD CAPS UNDERLINED).

15. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 15 Warranty Disclaimers Implied Warranties can be disclaime: Implied Warranties can be disclaime:  Merchantability: “As Is,” “With All Faults.”  Fitness for a Particular Purpose: must be in writing and conspicuous. Buyer’s right to fully inspect and either: does so or refuses to do so, warranties are disclaimed as to defects that could reasonably be found. Buyer’s right to fully inspect and either: does so or refuses to do so, warranties are disclaimed as to defects that could reasonably be found. Implied Warranties can be disclaime: Implied Warranties can be disclaime:  Merchantability: “As Is,” “With All Faults.”  Fitness for a Particular Purpose: must be in writing and conspicuous. Buyer’s right to fully inspect and either: does so or refuses to do so, warranties are disclaimed as to defects that could reasonably be found. Buyer’s right to fully inspect and either: does so or refuses to do so, warranties are disclaimed as to defects that could reasonably be found.

16. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 16 Statute of Limitations-4 years Action for Breach of Warranty : Action for Breach of Warranty :  Begins to toll at tender.  Buyer must notify Seller within a reasonable time.  Buyer must sue within four years after cause of action accrues. If warranty is for future performance, action accrues when performance happens and breach is discovered. If warranty is for future performance, action accrues when performance happens and breach is discovered. Action for Breach of Warranty : Action for Breach of Warranty :  Begins to toll at tender.  Buyer must notify Seller within a reasonable time.  Buyer must sue within four years after cause of action accrues. If warranty is for future performance, action accrues when performance happens and breach is discovered. If warranty is for future performance, action accrues when performance happens and breach is discovered.

17. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 17 §4: Product Liability Product Liability is not a new tort, sometimes filed as groups of plaintiffs acting together (class action). Product Liability is not a new tort, sometimes filed as groups of plaintiffs acting together (class action). Liability can be based on: Liability can be based on:  Negligence;  Misrepresentation; or  Strict Liability;  Warranty Theory. Product Liability is not a new tort, sometimes filed as groups of plaintiffs acting together (class action). Product Liability is not a new tort, sometimes filed as groups of plaintiffs acting together (class action). Liability can be based on: Liability can be based on:  Negligence;  Misrepresentation; or  Strict Liability;  Warranty Theory.

18. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 18 Product Liability Based on Negligence Negligence-based product liability is based on a manufacturer’s breach of the reasonable standard of care and failing to make a product safe. Negligence-based product liability is based on a manufacturer’s breach of the reasonable standard of care and failing to make a product safe. Manufacturer must exercise “due care” in: Manufacturer must exercise “due care” in:  Designing products;  Manufacturing and Assembling Products;  Inspecting and Testing Products; and  Placing adequate warning labels. Negligence-based product liability is based on a manufacturer’s breach of the reasonable standard of care and failing to make a product safe. Negligence-based product liability is based on a manufacturer’s breach of the reasonable standard of care and failing to make a product safe. Manufacturer must exercise “due care” in: Manufacturer must exercise “due care” in:  Designing products;  Manufacturing and Assembling Products;  Inspecting and Testing Products; and  Placing adequate warning labels.

19. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 19 Product Liability Based on Negligence Manufacturers who violate state or federal law in the manufacture or labeling of a product, may be negligent per se. Manufacturers who violate state or federal law in the manufacture or labeling of a product, may be negligent per se. No privity of contract required between Plaintiff and Manufacturer. Liability extends to any person’s injuries caused by a negligently made (defective) product. No privity of contract required between Plaintiff and Manufacturer. Liability extends to any person’s injuries caused by a negligently made (defective) product. Manufacturers who violate state or federal law in the manufacture or labeling of a product, may be negligent per se. Manufacturers who violate state or federal law in the manufacture or labeling of a product, may be negligent per se. No privity of contract required between Plaintiff and Manufacturer. Liability extends to any person’s injuries caused by a negligently made (defective) product. No privity of contract required between Plaintiff and Manufacturer. Liability extends to any person’s injuries caused by a negligently made (defective) product.

20. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 20 Product Liability Based on Misrepresentation Occurs when fraud committed against consumer or user of product. Occurs when fraud committed against consumer or user of product. Fraud must have been made knowingly or with reckless disregard for safety. Fraud must have been made knowingly or with reckless disregard for safety. Plaintiff does not have to show product was defective. Plaintiff does not have to show product was defective. Occurs when fraud committed against consumer or user of product. Occurs when fraud committed against consumer or user of product. Fraud must have been made knowingly or with reckless disregard for safety. Fraud must have been made knowingly or with reckless disregard for safety. Plaintiff does not have to show product was defective. Plaintiff does not have to show product was defective.

21. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 21 §5: Strict Product Liability Manufacturers liable without regard to fault based on public policy: Manufacturers liable without regard to fault based on public policy:  Consumers must be protected from unsafe products;  Manufacturers should be liable to any user of the product;  Manufacturers, sellers and distributors can bear the costs of injuries. Manufacturers liable without regard to fault based on public policy: Manufacturers liable without regard to fault based on public policy:  Consumers must be protected from unsafe products;  Manufacturers should be liable to any user of the product;  Manufacturers, sellers and distributors can bear the costs of injuries.

22. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 22 Strict Product Liability Requirements for strict liability: Requirements for strict liability:  Product is unreasonably dangerous when sold Defendant sells the product;  Plaintiff injured by use or consumption of product and defective condition is the proximate cause of injury. Requirements for strict liability: Requirements for strict liability:  Product is unreasonably dangerous when sold Defendant sells the product;  Plaintiff injured by use or consumption of product and defective condition is the proximate cause of injury.

23. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 23 Requirements for Strict Product Liability 1. Plaintiff must show product was so “defective” it was “unreasonably dangerous”: 1.Product must be in defective condition when sold. 2.Defendant is in the business of selling the product. 3.Product must be unreasonably dangerous. 4.Plaintiff must be physically harmed 5.Defective condition must be proximate cause of injury. 6.Goods are in substantially same condition. 1. Plaintiff must show product was so “defective” it was “unreasonably dangerous”: 1.Product must be in defective condition when sold. 2.Defendant is in the business of selling the product. 3.Product must be unreasonably dangerous. 4.Plaintiff must be physically harmed 5.Defective condition must be proximate cause of injury. 6.Goods are in substantially same condition.

24. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 24 Market Share Liability Theory of liability when multiple Defendants contributed to manufacture of defective product. Theory of liability when multiple Defendants contributed to manufacture of defective product. Liability of each Defendant is proportionate to the share of the market held by each respective Defendant. Liability of each Defendant is proportionate to the share of the market held by each respective Defendant. Theory of liability when multiple Defendants contributed to manufacture of defective product. Theory of liability when multiple Defendants contributed to manufacture of defective product. Liability of each Defendant is proportionate to the share of the market held by each respective Defendant. Liability of each Defendant is proportionate to the share of the market held by each respective Defendant.

25. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 25 §6: Defenses to Product Liability Assumption of Risk. Assumption of Risk. Product Misuse (Plaintiff does not know the product is dangerous for a particular use). Product Misuse (Plaintiff does not know the product is dangerous for a particular use).  Case 23.2: Ward v. Arm & Hammer (2004). Contributory/Comparative Negligence. Contributory/Comparative Negligence. Commonly known dangers. Commonly known dangers.  Case 23.3: Pelman v. McDonald’s Corp. (2003). Statutes of Limitation. Statutes of Limitation. Assumption of Risk. Assumption of Risk. Product Misuse (Plaintiff does not know the product is dangerous for a particular use). Product Misuse (Plaintiff does not know the product is dangerous for a particular use).  Case 23.2: Ward v. Arm & Hammer (2004). Contributory/Comparative Negligence. Contributory/Comparative Negligence. Commonly known dangers. Commonly known dangers.  Case 23.3: Pelman v. McDonald’s Corp. (2003). Statutes of Limitation. Statutes of Limitation.

26. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 26 Product Defects Three types of product defects: Three types of product defects:  Manufacturing defects.  Design defects.  Warning Defects Three types of product defects: Three types of product defects:  Manufacturing defects.  Design defects.  Warning Defects

27. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 27 Warning Defects There is no duty to warn about obvious or commonly known risks. There is no duty to warn about obvious or commonly known risks. Seller must also warn about injury due to product misuse. Key is whether misuse was foreseeable. Seller must also warn about injury due to product misuse. Key is whether misuse was foreseeable. There is no duty to warn about obvious or commonly known risks. There is no duty to warn about obvious or commonly known risks. Seller must also warn about injury due to product misuse. Key is whether misuse was foreseeable. Seller must also warn about injury due to product misuse. Key is whether misuse was foreseeable.

28. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 28 Strict Liability: Manufacturing Defects Occurs when a product “departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.” Occurs when a product “departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.”  Ie: glass bottle too thin, explodes in consumers face  Ie: baby food jar in microwave Occurs when a product “departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.” Occurs when a product “departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.”  Ie: glass bottle too thin, explodes in consumers face  Ie: baby food jar in microwave

29. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 29 Strict Liability: Design Defects Occurs when the “foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative... and the omission of the alternative design renders the product not reasonably safe.” Occurs when the “foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative... and the omission of the alternative design renders the product not reasonably safe.”  Ie: Ford Pinto  Ie: Chevy trucks  Ie: Toyota accelerator Occurs when the “foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative... and the omission of the alternative design renders the product not reasonably safe.” Occurs when the “foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative... and the omission of the alternative design renders the product not reasonably safe.”  Ie: Ford Pinto  Ie: Chevy trucks  Ie: Toyota accelerator

30. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. 30 Strict Liability: Warning Defects A product may be defective because of inadequate warnings or instructions. A product may be defective because of inadequate warnings or instructions. Liability based on foreseeability that proper instructions/labels would have made the product safe to use. Liability based on foreseeability that proper instructions/labels would have made the product safe to use. A product may be defective because of inadequate warnings or instructions. A product may be defective because of inadequate warnings or instructions. Liability based on foreseeability that proper instructions/labels would have made the product safe to use. Liability based on foreseeability that proper instructions/labels would have made the product safe to use.

31. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. Comparative Negligence (fault) Sometimes, even if the consumers misuses the product, they still may be able to recover damages Sometimes, even if the consumers misuses the product, they still may be able to recover damages  Ie: diesel mechanic, didn’t wear hard hat, door fell and hit him, causing seizures and epilepsy Sometimes, even if the consumers misuses the product, they still may be able to recover damages Sometimes, even if the consumers misuses the product, they still may be able to recover damages  Ie: diesel mechanic, didn’t wear hard hat, door fell and hit him, causing seizures and epilepsy 31

32. COPYRIGHT © 2006 West Legal Studies in Business, a part of The Thomson Corporation. Thomson, the Star logo, and West Legal Studies in Business are trademarks used herein under license. Commonly known dangers Matches, sharp knives, etc… Matches, sharp knives, etc…  Defendant not liable  Manufacturer cannot manufacture a knife that will not cut a finger, a stove that will not burn flesh, etc… Matches, sharp knives, etc… Matches, sharp knives, etc…  Defendant not liable  Manufacturer cannot manufacture a knife that will not cut a finger, a stove that will not burn flesh, etc… 32