Deck 10: product liability

Question 1

An unusual use that is reasonably foreseeable may be considered a normal use of a product.

Answer 1

True

Question 2

Most states in the United States have adopted strict product liability whereby an injured person may recover damages by showing that a defendant was negligent.

Answer 2

False

Question 3

The European Union applies strict liability to services.

Answer 3

False

Question 4

A design defect may result from the manufacturer's choice of the product's materials.

Question 5

For a defendant to be held strictly liable,the plaintiff must prove that the defect existed at the time the product left the defendant.

Question 6

A statute of repose cuts off the right to assert a product liability action.

Question 7

A manufacturing defect is a flaw in a particular product such as a failure to meet the design specifications.

Question 8

Courts will not permit a plaintiff to prove negligence by introducing evidence of subsequent remedial measures taken by a defendant to improve a product.

Question 9

Under federal law,manufacturers,but not sellers,may be held strictly liable for a defective product.

Question 10

A court is not bound by the Restatement's formulation of product liability law.

Question 11

If the use of a product carries an obvious risk,the manufacturer will not be held liable for injuries that result from ignoring the risk.

Question 12

Manufacturers of component parts are not liable in strict product liability.

Question 13

The doctrine of strict product liability is grounded in the common law and was transported to this country from England in the 1800's.

Question 14

The assumption of risk doctrine makes the manufacturer liable for a resulting injury.

Question 15

To recover for a defective product,an injured person must be in a contractual relationship with the seller.

Question 16

All states in the U.S.have accepted market-share liability.

Question 17

Strict liability in tort applies only to products,not to services.

Question 18

Foreign governments have filed lawsuits against the tobacco industry.

Question 19

An essential element for recovery in strict liability is proof that the product defect actually harmed the plaintiff or to the plaintiff's property.

Question 20

Under the doctrine of comparative fault,the plaintiff's damages may be reduced by the degree to which his or her own negligence contributed to the injury.

Question 21

The preemption defense involves certain ________,which set minimum safety standards for products.

A)federal laws
B)court decisions
C)state laws
D)private guidelines

Question 22

Which of the following is not a theory on which a product liability claim can be based?

A)Negligence.
B)Breach of warranty.
C)Ultrahazardous activity.
D)Strict liability.

Question 23

On a failure to warn claim,adequate warnings and instructions for a product's safe use can shield a manufacturer from liability for a

A)properly manufactured and designed product.
B)defectively designed product.
C)defectively manufactured product.
D)all of the responses are correct.

Question 24

Which of the following restricts the statute of limitations as a defense in a product liability lawsuit?

A)A revival statute.
B)A liability statute.
C)A repose statute.
D)Both a revival statute and a repose statute.

Question 25

Which of the following is true regarding the Restatement (Third)of Torts?

A)It imposes strict liability for manufacturing defects.
B)It imposes a standard predicated on negligence for design defects and defects based on inadequate instructions or warnings.
C)It imposes strict liability for manufacturing defects,and it also imposes a standard predicated on negligence for design defects and defects based on inadequate instructions or warnings.
D)There is no Restatement (Third)of Torts.

Question 26

Under the doctrine of _________,when a person voluntarily and unreasonably assumes the risk of a known danger,the manufacturer is not liable for any resulting injury.

A)assumption of risk
B)comparative negligence
C)contributory negligence
D)assumption of harm

Question 27

Under the rule applied in most states,which of the following justifies holding an acquiring corporation liable to a party injured by a defect in a product sold by the acquired corporation?

A)The new company is a continuation of the predecessor corporation.
B)The acquiring corporation is in a better position to bear the risk than the consumer.
C)The transaction was entered into to escape liability.
D)All of the responses are correct.

Question 28

A statute of ________ prevents recovery for product injuries by limiting the time period for recovery from the date when the injury occurred.

A)limitations
B)repose
C)recovery
D)all of the above

Question 29

To prove ________ in a product liability case,the injured party must show that the defendant did not use reasonable care in the design or manufacture of its product.

A)negligence
B)strict liability
C)breach of warranty
D)defect

Question 30

Which of the following is true regarding the Restatement (Fourth)of Torts?

A)It imposes strict liability for manufacturing defects.
B)It imposes a standard predicated on strict liability for design defects and defects based on inadequate instructions or warnings.
C)It imposes strict liability for manufacturing defects,design defects,and also defects based on inadequate instructions or warnings.
D)There is no Restatement (Third)of Torts.

Question 31

A product that was sold without a component part properly fastened to the product is an example of a ________ defect.

A)design
B)manufacturing
C)defective warning
D)none of the above

Question 32

Which of the following products has traditionally been viewed as "unavoidably unsafe" by the courts?

A)Medical services
B)Outdoor consumer goods
C)Some vaccines
D)Automobiles

Question 33

If a product is unavoidably unsafe,the ________ determines whether the dangerous product is also defective.

A)adequacy of the warning label
B)obviousness of the risk
C)care in design and manufacture
D)extent of the danger

Question 34

Which of the following is not a rationale of strict product liability?

A)Manufacturers should not escape liability simply because they typically do not sign a formal contract with the end-user.
B)The law should protect consumers against unsafe products.
C)Manufacturers should not escape liability simply because they are negligent.
D)Manufacturers and sellers of products are in the best position to bear the costs of injuries caused by their products.

Question 35

Which of the following is true regarding defenses in a products liability action?

A)The defendant in a product liability case may not raise the defense of assumption of risk.
B)Defenses available in product liability actions vary from state to state.
C)Under certain circumstances,state product liability law is preempted by federal law.
D)Both that defenses available in product liability actions vary from state to state; and that under certain circumstances,state product liability law is preempted by federal law.

Question 36

To prove negligence in a product liability case,the injured party must show that the defendant did not use reasonable care in

A)designing its product.
B)manufacturing its product.
C)providing adequate warnings.
D)all of the responses are correct.

Question 37

A ________ cuts off the right to assert a cause of action after a specified period of time from the delivery of the product or the completion of the work.

A) statute of limitations
B) statute of repose
C) revival statute
D) statute of resolution

Question 38

The European Union granted jurisdiction in disputes between online buyers and sellers to
A )the country of destination.
B)the country or origin.
C)either the country of destination or the country of origin.
D)none of the above.

Question 39

Which state court was the first to adopt the doctrine of strict product liability?

A)New York.
B)Michigan.
C)California.
D)Pennsylvania.

Question 40

Under the doctrine of _________,the plaintiff's damages in a strict liability action may be reduced by the degree to which his or her own negligence contributed to the injury.

A)comparative fault
B)contributory negligence
C)assumption of risk
D)both comparative fault and contributory negligence

Question 41

The manufacturer will not be held liable for injuries resulting from ________ of its product.

A) reasonably foreseeable misuse
B) normal use
C) abnormal use
D) none of the responses are correct

Question 42

What was the result in James v.Meow Media Inc.,the case in the text addressing whether a video game manufacturer was strictly liable for a teenager's shooting spree?

A)That the shooting was so aberrant as to be unforeseeable by the video game producer.
B)That the products were defective.
C)That the video game manufacturer was liable for the shooting.
D)That the shooting was so aberrant as to be unforeseeable by the video game producer and also that the products were defective.

Question 43

Which of the following members of the chain of distribution cannot be strictly liable in a products lawsuit?

A)The manufacturer.
B)The wholesaler.
C)The retailer.
D)The occasional seller.

Question 44

If the societal value of an inherently dangerous product outweighs the risk of harm from its use,it is known as a(n)________ product.

A)state-of-the-art
B)unavoidably unsafe
C)obvious risk
D)abnormal

Question 45

Sally purchased a used toaster at a yard sale.The seller told Sally that the toaster was over ten years old,she had not had any problems with it.Sally takes the toaster home and uses if for a few months.One day,however,as Sally was using the toaster,it malfunctioned and caused a small fire in Sally's kitchen along with significant smoke damage.Sally decides that she wants to sue the manufacturer of the toaster and that she is going to do so within one month of the fire.What would likely be the manufacturer's best defense in a strict liability in tort action brought by Sally?

A)The statute of limitations
B)The statute of repose
C)The fact that Sally bought the toaster at a yard sale,not from a recognized retailer
D)There would be no viable defense.

Question 46

The government-contractor defense to product liability will not apply if the

A)product was produced according to manufacturer specifications.
B)manufacturer possessed less knowledge about the specifications than the government.
C)manufacturer exercised proper skill and care in production.
D)manufacturer did not deviate from the specifications.

Question 47

Pat has just purchased a new suit for work from Melvin's.The suit was made by Suitco from a new material called "nouveau fiber." The fiber is actually a recycled element of petroleum.The salesperson described the fiber as "the best and most comfortable stuff ever invented.I own one and it's cool and comfortable." The first time Pat wore his suit to work he broke out in a serious rash and had to be hospitalized.May Pat recover for his injuries from either Melvin's or Suitco? Discuss the theory or theories that Pat could use against each defendant.What defenses are available? Discuss fully.

Question 48

What are the four basic parts of the rationale for strict product liability?

Question 49

Scuba manufacturer designs and sells the best scuba gear on the market.Any industry and governmental standards are met,and there is no better technologically feasible design than that used by the manufacturer.There had been no previous problems with the gear,but on one unfortunate day,the breathing apparatus malfunctioned resulting in a diver needing medical care.Which of the following is the best defense to a lawsuit brought by the diver?

A)Comparative fault
B)Assumption of the risk
C)State-of-the-art
D)Ultrahazardous activity

Question 50

ABC Company manufactures a contraption meant to enable a rider to fly behind a ski boat.After a few months,ABC begins to hear of injuries when riders crash into water or boats.The president of ABC Company decides to discontinue business and sell all assets to XYZ Company.The president of XYZ Company is excited to purchase the assets at a bargain price based upon the assertion of the president of ABC that XYZ cannot legally be held liable for the flying accidents.Which of the following is true in a majority of states applying the traditional successor liability rule?

A)XYZ Company will not be held liable for the accidents so long as there is no contractual agreement by which it agrees to accept liability.
B)XYZ Company will only be held liable if it continues to manufacture the same product lines as ABC.
C)XYZ Company will only be held liable if it keeps the same tax number as ABC Company.
D)XYZ Company will likely be held liable for the accidents based upon the transaction being entered into wrongfully in order for ABC Company to escape liability.

Question 51

Fact pattern 10-1
Polly buys a new iron and uses it for a few months without incident.She was surprised,however,when one day the iron gave her a significant shock.She suffered no lasting damages,but did have some pain from the incident.A few weeks later she read in the newspaper that the manufacturer had knows for over a year about the iron's propensity to shock users,but had refused to take recall measures.She also read that some users had been severely shocked.Polly was outraged but wondered if she could sue because she really did not have significant injuries.
Refer to fact pattern 10-1.Which of the following would be an advantageous type of action with which Polly should become associated?

A)A unified action
B)A class action
C)A remedial action
D)A compensatory action

Question 52

Who are the potential defendants under a strict product liability action? What must be shown to recover against each? Would the same defendants be liable if plaintiff had sued on the basis of negligence? Discuss fully.

Question 53

A ________ defect occurs when,even though the product is manufactured according to specifications,it is unreasonably dangerous to users.

A)design
B)contractor's
C)manufacturing
D)state of the art

Question 54

Which of the following is false regarding the SAFETY Act?

A)It grants exclusive federal jurisdiction over sellers of "qualified anti-terrorism technology."?
B)It bars prejudgment interest.
C)It allows punitive damages.
D)It prohibits joint and several liability for noneconomic damages.

Question 55

In Ramirez v.Plough,Inc.,the case in the text involving the provision of warnings for non-English-speaking Hispanics,the California Supreme Court has held that a manufacturer of nonprescription drugs has a duty to warn purchasers about the dangers of its products in

A)English only.
B)English and Spanish.
C)English,Spanish,and Chinese.
D)All spoken languages in California.

Question 56

The _________ defense shields a manufacturer from liability for a defective design if no safer product design is generally recognized as being possible.

A)contractor
B)innovative
C)state-of-the-art
D)lack of foreseeability

Question 57

When multiple manufacturers of identical products are sued in product liability,some courts apportion liability under the ________ doctrine.

A)respondeat superior
B)vicarious liability
C)market-share liability
D)enterprise liability

Question 58

A few years ago Bernice purchased some medication through her veterinarian for her aging pet iguana,Scales,who had a skin disease.Scales died a few months after beginning the medication.At the time of the death,Bernice thought that Scales had died of natural causes.She just read in the newspaper,however,that a number of reptilian type animals had been harmed by the drug Scales ingested.Bernice immediately talked to her veterinarian who told her that while she now believes the medication was harmful to Scales,it was manufactured by a number of different manufacturers,and there is no way to determine the exact manufacturer of the medication given to Scales.Which of the following is Bernice's best chance at recovery?

A)Market-share liability
B)Joint and several liability
C)Product-line theory
D)Continuity theory

Question 59

Fact pattern 10-1
Polly buys a new iron and uses it for a few months without incident.She was surprised,however,when one day the iron gave her a significant shock.She suffered no lasting damages,but did have some pain from the incident.A few weeks later she read in the newspaper that the manufacturer had knows for over a year about the iron's propensity to shock users,but had refused to take recall measures.She also read that some users had been severely shocked.Polly was outraged but wondered if she could sue because she really did not have significant injuries.
Refer to fact pattern 10-1.What type of damages would likely give Polly the most significant recovery?

A)Punitive
B)Compensatory
C)Nominal
D)Benefit of the bargain

Question 60

Paula recently went to see her doctor for severe glaucoma.He told her that her vision is in danger and prescribed Seerite made by Drugco.Seerite was the newest and most promising treatment for glaucoma that exists.The product literature stated,"When used as directed,Seerite is 100% safe and effective for glaucoma." After Paula read this she put the literature in the trash.She overlooked a small statement on the back reading "Warning: in 2% of the population this product may produce uncontrollable weight gain." Three weeks after using Seerite,Paula had gained 50 pounds and continued to gain weight rapidly.Paula has stopped using Seerite,but she cannot lose the weight and this condition is now a separate health risk.Is Seerite a defectively designed drug? What defenses would be available to Drugco against this claim? Is there any other theory under product liability law that Paula may use to recover against Drugco? Discuss fully.

Question 61

Set forth the elements of a strict liability claim.