英文答辩状

Responsive PleadingsResponsive Pleadings DefendantDefendant LEADER HARDWARE KUNSHANCO.LTDhereinafter referred to as the “Leader“ PlaintiffsPlaintiffs REBECCA DARNELL, KENNETH DARNELL The defendant requestsThe defendant requests 1. Dismiss the plaintiffs’ claim; 2. The plaintiffs should pay the corresponding cost of litigation. Facts and reasonsFacts and reasons 1. On April 5, 2002 and May 24, 2002，Child Works and Leader signed contracts of consigned processing. Leader produced swing hanger according to Child Works’ requirements. However, in fact, Leader is only one of Child Works’ many suppliers. In this case, Plaintiffs failed to provide evidence to prove that the concerned products was produced by Leader. So there is no evidence to prove that Leader has to assume liabilities for this accident. 2. Accordingtothecontentdescribedbytheplaintiff inthe complaint , the plantiffs purchased swing hangers and their component parts on or about december 3, 2003. Rebecca Darnell was injured on or about December 8, 2012. There is no connection between Leader and defendant Kidstuff. Assuming that Kidstuff purchased the concerned products from Child Works, the swing hangers which produced by Leader were distributed to the market in April, 2002 or May, 2002, which is more than 10 years away. According to article forty-fifth of the “Product Quality Law of the Peoples Republic of China ““The right of request for compensation claim for damades done due to defects of products shall lose effect after the tenth year after the products with defects that cause damages was first deliverd to users or consumers.“ So Leader shall not be liable for compensation. 3. Leader was just one of the Child Works ’ suppliers that provided swing hangers, in addition, production of other components of the swing and installation of the swing have not been completed by Leader. Therefore Leader has no obligation of warning and no ability to warn on the swing. 4. As far as Leader know, The main production of Child Works is outdoor childrens amusement facilities including the concerned swing which only suitable for children. Rebecca Darnell was an adult when she were injured, and it is common sense that there would be at high risk of adults playing children’s facilities. Consequently plaintiff should take the risk for her own negligence. 5. The swing is a well-known recreational facility which swing back and forth off the ground when in use. The plaintiff Rebecca Darnell should be well aware of the risk of swing without any warning. Since the purchase, ten years on, there is no evidence to prove whether the product has been reasonably used and whether plaintiff has made necessary maintenance and repair of the product. In short, the plaintiff should take responsibility for her own negligence and the obvious risk of swing. 6. In product liabilty claims, the plaintiff shall bear the burden of proof to prove that the product was defective , the product was defective when it was f