Case 1Read the following article:Toyota recalls 5.8 million carsThe airbags contain a chemical to inflate the airbag causing airbags to explode with excessive force. These airbags have already resulted in sixteen deaths worldwide. Johan Kerstmans, an Austrian owner, has an accident with his Toyota Yaris. He starts his car, drives 20 meters and the airbag of his car explodes. Fortunately, he is not hurt badly, but still needs a few stitches. The medical bill is € 450. The car is also damaged because he ran into a lamppost. Damage to the car is € 950. The cars are produced in Japan by Toyota Inc. and imported in Europe by thedistributor of Toyota in Austria.Questionsa. Which parties can Johan Kerstmans sue for damages based on product liability?b. Which damage can Johan Kerstmans claim based on product liability?The lamppost is completely destroyed. Damage is € 1500.c. Can the city, owner of the lamppost, claim damages based on product liability?
Chapter 9
Product liability
Case 1Read the following article:Toyota recalls 5.8 million carsThe airbags contain a chemical to inflate the airbag causing airbags to explode with excessive force. These airbags have already resulted in sixteen deaths worldwide. Johan Kerstmans, an Austrian owner, has an accident with his Toyota Yaris. He starts his car, drives 20 meters and the airbag of his car explodes. Fortunately, he is not hurt badly, but still needs a few stitches. The medical bill is € 450. The car is also damaged because he ran into a lamppost. Damage to the car is € 950. The cars are produced in Japan by Toyota Inc. and imported in Europe by thedistributor of Toyota in Austria.Questionsa. Which parties can Johan Kerstmans sue for damages based on product liability?b. Which damage can Johan Kerstmans claim based on product liability?The lamppost is completely destroyed. Damage is € 1500.c. Can the city, owner of the lamppost, claim damages based on product liability?