Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts

Exercise 24

The plaintiff, while driving a van manufactured by the defendant, was struck in the rear by another motor vehicle. Upon impact, the plaintiff's head was jarred backward against the rear window of the cab, causing the plaintiff serious injury. The van was not equipped with a headrest, and none was required at the time. Should the plaintiff prevail on a cause of action based upon strict liability in tort? Why?