Henry is undergoing a surgery at sacred heart hospital to insert an artificial pacemaker that will keep his heartbeat regular. the pacemaker is manufactured by benford inc. in this case, dr. debenedetto, the surgeon, is considered as the dominant element. if the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure?

The correct answer to the question: If the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure? Would be: the manufacturing company, Benford Inc.

Explanation:

The question here is who would be responsible if Henry, who is undergoing surgery for an implantation of a pacemaker, does not receive the expected effects of such a surgery. We have two sides who under liability, would be held accountable if something went wrong with Henry´s surgery. One is the physician, who will be responsible for implanting the device, and the manufacturing company of the device. Dr. DeBenedetto´s liability goes as far as ensuring that the procedure itself, and the care of the patient before and after the surgery, meets the standards so that everything is successful, and Henry has a better life. But the functioning of the device itself, falls on the hands of the company that manufactures it. This is why, if the pacecmaker, as the device, were to fail as expected, the ones responsible would be the company. The machine is expected to work in a certain way, and the manufacturer has to ensure that this is so.