jury and paralysis due to somersaulting without a spotter or harness. There were also warnings on the frame of the trampoline, but frame pads on all four sides covered these. The court affirmed a $5 million judgment against the manufacturer largely because warnings were ineffective in that they failed to adequately warn users of the high risk of injury associated with the mini-trampoline. In another such case, Steel V. Murray Ohio Mfg. Co. claimed that manufacturer-marketing techniques used to sell products are intentionally masking the risks faced by the consumer, thus blinding them from the products defects. When a front tire of a bicycle went into a pothole the rider’s foot slipped off the metal pedal causing the saw-like edge of the pedal to strike the riders Achilles tendon, thus damaging it to the point where doctors had to remove it completely. The extreme nature of the event of riding blinded the consumer of the possible hazards involved in participating in such an action. It was alleged that the producer didn’t inform the consumer of such horrific occurrences, occurrences that had happened prior to Steels accident. The nature of the event was unreasonably dangerous and the action resulted in a hefty settlement for Steel. Strict Liability in Tort is the understanding that some products are designed with all care to inform the user of the possible hardships and hazards of the product. Because the producer has done everything in their power to inform the user of the possible hardships, no breach of duty has occurred. However, strict liability tort concludes that the product contained a defect that led directly to the injury of the consumer. Aquino v. Pepsico. A coach bought a football helmet with an inferior rivet. While a football player attempted to tackle a player of the opposing team, the rivet failed to support the helmet on his head. It was later found out that the helmet was made with cheap imitation carbon steel rivets. Because of the inferior design, the rivets rusted and broke on impact. Paralyzing the player for life. It was alleged that the manufacturing specifications called stainless steel rivets. The football player received the low grade susceptible ones. Because of the strict liability tort, the player received a settlement of $1 million dollars cash, and $2,000 dollars per month for life, increasing %30 annually. There is no defense for the theory of strict liability failure cases. The third theory of products liability is breach of warranty. Whenever the product purchased doesn’t perform in the way that it was warranted. Or doesn’t live up to expectations from the consumer, breach of warranty has occurred. An example of this can be found in the text book. In the text, an inflatable raft claims that it can hold upwards of 150 pounds of weight without going under. However, if 100 pounds of pressure was applied to raft and it sunk, then breach of warranty has occurred. The book also states that even in the absence of expressed warranties, the purchaser may be able to get implied warranties under the UCC. The Uniform Commercial Code is applicable to all transactions in good manufactured goods. In defenses of product liability, the defendant has the immediate advantage by possessing general knowledge about the products technological background. There are two basic approached to a defense. The defendant can deny all the plaintiffs allegations, or it can use special defense aimed at the alleged defect. Defects are hard to define. Federal and state courts have po

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