See If You Can Answer This MBE Question

A trained pilot purchased a brand new airplane from a dealer. Upon his first flight with the airplane, the pilot began to smell something burning. After a few minutes, when the smell did not subside, he decided to head to the nearest airport, but crashed along the way. As a result, the pilot was badly injured. A subsequent accident investigation indicated that the burning smell was due to a defect in the airplane’s landing gear.

 

In a suit for damages against the airplane dealer, will the pilot prevail?

 

(A) Yes, because his injury was caused by a defect in the airplane’s landing gear.

 

(B) Yes, because the landing gear was defective when the airplane was purchased from the dealer.

 

(C) No, because the pilot should have inspected the plane before flying it.

 

(D) No, because the pilot should have realized the burning smell indicated a dangerous    condition and landed immediately.

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