Which of the following is NOT a duty owed by a commercial manufacturer or seller?

Study for the Georgia Torts Bar Exam with our comprehensive quizzes. Use flashcards and multiple choice questions, each with detailed explanations and tips to enhance your learning. Get ready to excel!

The correct answer is that a commercial manufacturer or seller does not owe a duty to prevent all types of injuries from occurring. In tort law, particularly products liability, manufacturers and sellers are held to a standard of reasonable care. This means they must design and produce products that are safe for the intended use, maintain proper quality control, and adequately warn consumers about any hazards that might be associated with the product.

However, it is not feasible or legally required for manufacturers and sellers to prevent every possible injury that could arise from the use of their product. The law recognizes that not all risks can be completely eliminated and focuses instead on whether the manufacturer or seller fulfilled their duty to mitigate foreseeable risks and provide adequate warnings. This concept aligns with the reasonable person standard, which measures duty based on what a reasonable manufacturer or seller would do in similar circumstances.

While manufacturers are indeed expected to design products safely, provide adequate warranties, and exercise reasonable care for foreseeable plaintiffs—considering those who might be harmed by their product—there is no obligation to prevent all injuries. This expectation is rooted in the understanding that some injuries might occur due to misuse, unforeseen actions, or events outside the manufacturer’s control.

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