25 Oct 2020
Case 2: Pelman, a manufacturer, sold hearing-aid devices to Smith, a pharmacy owner. The devices have sharp metal edges, but no usage or safety instructions. Norah, an elderly woman, bought two of these devices to aid her hearing, and when she tried to wear them, she injured her left ear causing her to bleed. She did not wear the right ear device, and immediately contacted Smith to complain. Smith denied that the device is so dangerous to cause bleeding. Norah filed a lawsuit against Smith for selling defective devices, and claimed damages. While the case was ongoing, Norah wore the right ear defective hearing-aid device she bought from Smith and injured her ear. Discuss the liability of all parties and relevant defences.