Plaintiff died of gas asphyxiation when he entered a sewer tunnel without a mask to answer...

Plaintiff died of gas asphyxiation when he entered a sewer tunnel without a mask to answer the calls for help of their crew leader who was apparently overcome by gas because of a defect in his oxygen mask, which was manufactured by Seller. The plaintiffs’ estate brought this action against Seller for breach of warranty, and the Seller raised the defense of the plaintiff’s voluntary assumption of the risk. Explain who will prevail. (In your answer use the terms: warrantly of merchantability, assumption of risk, reasonableness)

Expert Solution

Under strict liability of merchantability, the company is liable for any defect that might be present in the masks because they were made to protect the user from exposure to the harmful gases, and if they fail to protect, the seller is liable under strict liability. However, in order to prove the strict liability, it needs to be proved that there was a defect and its was proximate cause of the plaintiff's injury. In this case, the palintiff is not the one whose mask failed and who was overcome by the gas. The plaintiff who died due to exposure to gaes wore no mask and therefore the company is not liable for his injuries and subsequent death. It would have been liable if the other person ( who wore the mask) suffered injuries ( or died), or the same happended with plaintiff after wearing the mask. Since the plaintiff was himself responsible for his negligence of entering the tunnel without a mask, the company will not be held liable for his death.

keosha answered 1 month ago

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Plaintiff died of gas asphyxiation when he entered a sewer tunnel without a mask to answer...

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