Question

Ruggers is a maker of a range of highly popular cruise motorcycles. Tim buys a Ruggers motorcycle from a dealership and suffers an accident. While recuperating from his injuries, he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years, owing to a previously unknown defect in their braking systems. Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages. The defect in the motorcycle is found to be half responsible for the accident, while Tim's own negligence of traffic rules contributed to the rest. Under the doctrine of contributory negligence, what would be the ruling of the court hearing this case

Answer 1

Answer:

Tim can not recover any damages from Rugger the manufacture of the motorcycle.

Explanation:

Tim buys a Ruggers motorcycle from a dealership and suffers an accident,while recuperating from his injuries, he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years, owing to a previously unknown defect in their braking systems.Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages.However,the defect in the motorcycle is found to be half responsible for the accident, while Tim's own negligence of traffic rules contributed to the rest.

Doctrine of contributory negligence is a common law that stated that if a person was injured in part due to his or her own negligence i.e their action which contributed to that accident, the injured party would not be entitled to collect any damages from the other party who was supposedly allege to cause the accident.

Therefore, because of Tim negligence which contribute to the accident he had, he will not be grant damage in the court of law which will rule under the doctrine of contributory negligence.

Answer 2

Answer: Tim cannot recover any damages from the motorcycle manufacturer.

Explanation: Tim will not be entitled to receive any damages from Rugger, the motorcycle manufacturer according to the doctrine of contributory negligence.

The doctrine of contributory negligence explains that if an individual's negligence contributed in part to the injury suffered by such individual. Then, such person will not be entitled to any damage fee from the other party supposedly regarded to as the cause of the injury.