Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. T
he pacemaker is manufactured by Benford, Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. In the event that the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure
Explanation: Liability is a term used to describe the losses that arises from the use of a particular product or services.
A PACEMAKER IS A SMALL DEVICE WHICH MAKES USE OF BATTERY AS ITS POWER SOURCE TO REGULATE THE HEART BEATS IN ORDER TO ENSURE NORMAL BEATS.
The Organisation that will bear the liability for the failure of the pacemaker is the Benford,Inc., This is because the pacemaker was bought from Benford Inc., and it is expected to function optimally after its insertion,any failure noticed immediately after the surgery will lead to liability for the manufacturer or supplier of the pacemaker.
