In a dual capacity scenario, the employer can be the manufacturer of what?

• A. The ladder
• B. The forklift
• C. The chair
• D. The desk lamp

Answer: (A)

In a dual capacity situation, the employer can be the manufacturer of a ladder. This doctrine lets an employer be liable in product liability as the maker or supplier of a product that's used or sold to employees, even though the employer is also the employer. If the ladder provided by the employer is defective and injures an employee, the employee can pursue a product liability claim against the employer in that separate capacity, in addition to any workers’ compensation rights. A ladder is a classic example because it’s a common workplace product that an employer might actually manufacture or supply for employee use, making the dual role clear. The other items—forklift, chair, desk lamp—aren’t as typically framed in exam contexts as the standard illustration of dual capacity, though the underlying idea remains: the employer can be liable as the product manufacturer if they produce or supply the product used by employees.