Question

A construction worker was working at the construction site of a new building. An open elevator, which had been installed in the building by the elevator manufacturer, was used to haul workers and building materials between floors. While the worker was riding the elevator, it stalled between floors due to a manufacturing defect in the elevator. The worker called for assistance and was in no danger, but after waiting 15 minutes for help, he became anxious and jumped 12 feet to get out. He severely injured his back when he landed.
In an action by the worker against the elevator manufacturer to recover for his back injury, is the worker likely to obtain a judgment for 100% of his damages?

Answer 1

Answer:

No, because the worker was not in danger while on the stalled elevator.

Explanation:

Product liability is defined as the liability that the producer of a good bears for putting a defective or dangerous product in the hands of the consumer.

For any injury done to the consumer, the producer is liable.

However in this scenario when the elevator stalled he was in no danger, but after waiting 15 minutes for help, he became anxious and jumped 12 feet to get out. He severely injured his back when he landed.

The injury was not as a result of product defect. So the worker is not likely to obtain a judgment for 100% of his damages.