Question

Jane is shopping in Texas GunMart when a rifle is being loaded by Anne, one of GunMart’s employees, fires without warning and grazes Jane’s left arm (luckily she is not seriously hurt). GunMart and an independent gunsmith examine the rifle, and discover that it was manufactured improperly by LoneStar Rifles, causing the accidental discharge. Jane files a suit against LoneStar Rifles for product liability, on the ground of strict liability. Outline the elements for an action based on strict liability. Explain and analyze in whose favor is the court likely to rule and why.

Answer 1

Lonestar Rifles will be held liable for the injuries caused to Jane by the gunshot. This is because after an investigation done by Gunmart and an independent gunsmith they realized that Lonestar Rifles manufacture the riffle incorrectly which is the cause of the accidental discharge which led to the injury of Jane. Lonestar is held accountable for the strictly liability of the accident that occur because as the manufacturer of the rifle it is liable for the safety of its consumers.

Anne is an employee of Gunmart and therefore she must be experienced and knows the standard operational procedure on how to use a rifle. and because the rifle has been found to be faulty because of the manufacturers fault, she will not not be accountable to the strict liability clause.

Jane is correct for filing a suit against Lonestar Rifle because it did not observe its good manufacturing practice to ensure that it products meeting the safety standards for use by its customers. Jane is injured because of a faulty rifle that shot her which makes Lonestar Rifle accountable for the strict liability for this incidence.