Bar Review Question of the Day By Pieper Bar Review
May 13 2022
A car manufacturer equipped all of its cars with seat belts, as per a federal regulation. It purchased all the bolts used in its seat belt assemblies from a bolt company and it tested samples from each shipment received. A driver purchased one of the manufacturer’s cars. While operating the car, the driver collided with another vehicle. The driver had his seat belt fastened, but one of the bolts which anchored the belt to the frame broke. The driver sustained serious injuries. Subsequent to the accident, tests of the broken bolt showed metallurgical defects. The manufacturer’s records showed that tests of samples from the shipment in which the defective bolt was received revealed no defects. The driver brought an action, based on strict liability in tort, against the car manufacturer. What proof is needed to establish a prima facie case?
(A) Only that the bolt was defective.
(B) That the bolt was defective and had not been inspected by the car manufacturer.
(C) That the bolt was defective, was inspected by the car manufacturer, and the defect was not discovered.
(D) That the bolt was defective and the defect was a proximate cause of the driver’s injuries.
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