Screwdriver Case

An unreasonably dangerous product is defined as “a product that is so defective that it is dangerous beyond the expectation of an ordinary consumer or a product for which a less dangerous alternative was feasible but the manufacturer failed to produce it.” (364) A screwdriver is not an unreasonably dangerous product because it has no hidden aspects that causes sudden danger. It contains no hidden chemicals, and it is not really considered a threat. The question to seriously consider in this case is whether or not a less dangerous alternative was economically feasible for the manufacture and if the manufacturer failed to produce it. The plaintiffs are arguing that the screwdriver has a design defect because the company chose a plastic handle,

Although using a screwdriver as a hammer is a foolish idea, it is not the most outlandish scenario or insane possibility to consider. In addition, even if they had made the product in mind for a reasonable and rational person, not everyone that comes into contact with a screwdriver is reasonable or rational. For example, teenagers and adults can be unreasonable and irrational at times. Thus, Luke’s use of the screwdriver is a foreseeable

Even if the company failed in detecting the foreseeable misuse of the screwdriver as a hammer, they can argue the defense of comparative negligence. The company had created the screwdriver in a way that its sole use is to screw in screws. Luke had misused the product by using it as a hammer and because he misused the product, he suffered injuries. Thus, Luke is partially responsible for his injuries due to his own negligence. So under the defense of comparative negligence, the company will have to pay damages to Luke due to their failure in detecting foreseeable misuses, but the damages will be reduced because Luke had misused the product.

The initial thought is that there is no need to warn about using the screwdriver as a hammer since it is common sense that a screwdriver is only meant to drive in screws. However, the company should issue a product warning to only use a screwdriver as its intended and not in any other way in order to avoid injuries or