Cengage Advantage Books: Fundamentals of Business Law 9th Edition by Roger LeRoy Miller

Exercise 25

Defenses to Product Liability. Terry Kunkle and VanBuren High School hosted a Christmas party in Berkeley County South Carolina. Guests had drinks and hors d'oeuvres at a residence and adjourned to dinner in a barn across a public road. Brandon Stroud ferried the guests to the barn in a golf car made by Textron, Inc. The golf car was not equipped with lights, and Textron did not warn against its use on public roads at night. South Carolina does not require golf cars to be equipped with lights, but does ban their operation on public roads at night. As Stroud attempted to cross the road at 8:30 p.m., his golf car was struck by a vehicle driven by Joseph Thornley Stroud was killed. His estate filed a suit in a South Carolina state court against Textron, alleging strict product liability and product liability based on negligence. The estate claimed that the golf car was defective and unreasonably dangerous. What might Textron assert in its defense? Explain. [ Moore v. Barony House Restaurant, LLC , 382 S.C. 35, 674 S.E.2d 500 (S.C.App. 2009)]