Question

Pestro manufactures a herbicide that is used in the parks in Metroville. After the parks were sprayed with the herbicide, a group of children became ill and required hospitalization. Two dogs that were also in the park that day died. The parents of the children and the dog owners could:____.
a. not bring suit against the city.
b. only bring suit against the city.
c. not bring suit against Pestro because of a lack of privity.
d. bring suit against Pestro under Section 402A even though there is no privity.

Answer 1

Answer:

d. bring suit against Pestro under Section 402A even though there is no privity.

Explanation:

Section 402A enforces strict liability for physical harm that is caused a by the product sold to a buyer by a seller.

It states that if a seller sells a defective product that is unreasonably dangerous to an end user, the seller will be liable for any physical harm that results from its use.

Privity is when a contractual relationship exists between different parties in a transaction.

In the given scenario even without a privity the parents of the children and the dogs can bring suit against Pestro under Section 402A even though there is no privity.

They don't have to have a direct contractual relationship with Pestro.