[Scissors Injury] Yvonne Bought a New Pair of Large-Sized, Extra-Sharp

Multiple Choice

[Scissors Injury] Yvonne bought a new pair of large-sized, extra-sharp scissors made by CutCo at her local store, BuyStuff. At the time of purchase, Yvonne noticed that the packaging was torn. The clerk offered her a discount because of the damage. When Yvonne tried to open the package containing the scissors at home, she found the hard plastic packaging was difficult to open. Her roommate, Gwen, handed her a knife to cut the packaging. While Yvonne was cutting, the hard plastic sliced her finger, causing her to drop the package. When the package fell, the scissors fell out of the package onto Yvonne's toe. Gwen then picked up the scissors and ran to call an ambulance. Unfortunately, she tripped and fell while running with the scissor blades facing up, and was stabbed in the stomach. Yvonne and Gwen each suffered injuries and sued CutCo and BuyStuff, alleging strict product liability.
-BuyStuff's attorney wants to file a motion to dismiss, claiming that BuyStuff is not the manufacturer and cannot be held liable for the injuries. Is BuyStuff's attorney correct?

A) No, because BuyStuff did not manufacture the product.
B) No, because a retailer cannot be held liable under the strict product liability theory.
C) No, a retailer may be held liable under strict product liability.
D) Yes, but only if BuyStuff holds a substantial share of the market.
E) No, because strict product liability focuses on the actions of the manufacturer in producing the product.