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Winter is never far enough away. Being the go-getter that you are, you decide to purchase a snow-blower in preparation for the coming snowfall next season. After shopping around, Small-Mart has the best deal on a “Deathtrap” snow-blower, which is manufactured by BigCorp. “Deathtrap” is a quality model which is a top seller. You purchase the “deathtrap” Snow-blower from Small-Mart. The following winter, it snows. You get your newly minted “Deathtrap” snowblower out of the box, and wheel it out onto the sidewalk (which is covered with snow). As you turn the snowblower on, the defective machine explodes causing you significant injury. Ouch. As a result, you want to sue for damages. Within 3 months, you contact an attorney, who takes your case, and files a lawsuit on your behalf.
Can you successfully sue BigCorp? Why or why not? Does it matter whether BigCorp was negligent in manufacturing the “Deathtrap” snow-blower? Is BigCorp strictly liable? Does BigCorp have any defenses to this lawsuit? Be sure to go through any possible defenses, and whether or not those defenses would be successful. Would it make any difference if you bought the snowblower at your neighbor Joe’s garage sale, instead of at Small-Mart?
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