After several accidents, a warning is issued by a manufacturer of a children’s swing set that the swings may not be able to accommodate children or adults above a certain weight. A child who is very tall for his age and weighs more than the weight the swings are meant to accommodate is injured when using the swing set at his friend’s house. His parents sue the manufacturer based on a strict liability theory. What is the manufacturer’s best defense to a strict liability claim?

 

(A) That the parents did not purchase the swing set.

(B) That the parents and the child failed to heed the warning and assumed the risk of using the swing set.

(C) That the swing set was likely modified by the purchasers.

(D) That the parents had the last clear chance to prevent the injury.