Fred has an electric train set that he inherited from his grandfather many years ago. Fred needs some extra cash and is not really interested in electric trains, so he offers the train set for sale over the Internet. Stella purchases the set as a birthday present for her son. When Stella and her son set up the train to operate it, the train malfunctions due to a product defect; it shocks them,

Question

causing them injury. Can Stella successfully sue Fred for injuries sustained using the strict liability theory? Why or why not?

What will be an ideal response?

Answer 1

No, she cannot use strict liability theory because she is not a "seller" as defined by that theory. A seller is a person who is engaged in the business of selling the product for use or consumption. Even though that definition is very broad, it does not include the occasional seller of a product, like Fred, who is not in the business of selling the product.