Deck 33: Product Liability

Question 1

The process of FDA approval has come under some criticism in recent years,as concerns over the costs and length of time for obtaining approval of prescription drugs have emerged.

Answer 1

True

Question 2

A pharmaceutical company earns most of its profits from the drug only during the time that the patent for the drug is effective.

Answer 2

True

Question 3

As the NHTSA does not administer to the safety of automobiles,the responsibility of controlling automobile emissions rests with the Environmental Protection Agency.

Answer 3

False

Question 4

A fault in a product that creates a hazardous condition that causes injury is a:

A) malfunction.
B) design defect.
C) product flaw.
D) proximate cause.

Question 5

Unreasonable risk of injury and death associated with consumer products cannot be achieved by governments' providing safety information to the public,or developing voluntary or mandatory standards.

Question 6

All of the following are the elements that a plaintiff must prove in order to be successful in establishing the defendant's negligence in a product liability lawsuit EXCEPT:

A) warranty.
B) breach.
C) duty.
D) damages.

Question 7

A breach of warranty lawsuit is based upon tort law.

Question 8

In a product liability lawsuit,________ is/are often difficult to prove because the plaintiff usually needs the opinions of expert witnesses who can evaluate whether the defendant negligently manufactured or sold the product.

A) damages
B) duty
C) breach
D) proximate cause

Question 9

Manufacturers and sellers have a duty to advise purchasers and users of dangers inherent in a product.

Question 10

Federal law allows advertising of cigarettes and other tobacco products on the television and radio.

Question 11

The federal agency responsible for the safety of food and drugs sold in the United States is the Food and Drug Administration.

Question 12

A consequence of strict liability is that companies are sometimes hesitant to introduce new or innovative products because of the fear of liability lawsuits.

Question 13

Advertising of drugs is legal,so long as detailed information about the drug being advertised is not disclosed.

Question 14

In case of a strict liability it is often difficult for injured parties to prove negligence and the defenses of manufacturers are often very effective.

Question 15

The federal agency responsible for the safety of consumer products sold in the United States is the Consumer Product Safety Commission.

Question 16

Many purchasers or users of products,or even third parties,who sustain injury or property loss as a direct result of using the product,file a civil lawsuit based not on tort law,but on contract law.

Question 17

In a product liability case,retailers,wholesalers,and manufacturers of component parts in the distribution channel cannot be liable for product related injury.

Question 18

A product flaw is an abnormality or a condition that was not intended and that makes a product more dangerous than it would have been had it been as intended.

Question 19

All of the following are the characteristics that become the bases of product liability claims against manufacturers and sellers,EXCEPT:

A) product flaw.
B) failure to warn.
C) guarantee.
D) design defect.

Question 20

The liability of a manufacturer or seller for injury to purchasers,users,and third parties is known as:

A) purchase liability.
B) customer care liability.
C) consumer liability.
D) product liability.

Question 21

For a drug to be approved,it is estimated that it costs a pharmaceutical company approximately:

A) $400 million.
B) $500 million.
C) $600 million.
D) $700 million.

Question 22

In a product liability case,the most obvious target of an injured party is the:

A) manufacturer.
B) licensor.
C) purchaser.
D) dealer.

Question 23

In 1997,the major cigarette manufacturers in the United States entered into a contract,which was referred to as the:

A) Vicarious Liability Agreement.
B) Master Settlement Agreement.
C) Consumer Product Safety Agreement.
D) Federal Administrative Agreement.

Question 24

The Food and Drug Administration (FDA)requires that all drugs sold be thoroughly tested to ensure that they are both safe and effective.The pharmaceutical companies subject drugs to _________ of testing.

A) two phases
B) four phases
C) five phases
D) six phases

Question 25

In some states,strict liability applies only to products that:

A) are inherently dangerous.
B) have design defects.
C) have product flaws.
D) are degenerated.

Question 26

To promote safety for consumers and users of products,some of the _____________ are in effect.

A) constitutional laws
B) state statutes
C) federal statutes
D) legal reforms

Question 27

During the testing of drugs,the Phase in which the safety and effectiveness of the drug are evaluated in trials involving a great number of people is:

A) Phase I.
B) Phase IV.
C) Phase II.
D) Phase III.

Question 28

Under traditional tort law,the injured party must prove that the manufacturer was _________ in producing a product.

A) unauthorized
B) negligent
C) advertent
D) ignorant

Question 29

The federal agency responsible for the safety of automobiles sold in the United States is the:

A) Food and Drug Administration Commission.
B) Consumer Product Safety Commission.
C) Federal Administrative Commission.
D) National Highway Traffic Safety Administration.

Question 30

Consumer products with restrictions imposed on them include the following,EXCEPT:

A) services.
B) paint.
C) children's toys.
D) radiation-emitting products.

Question 31

Hazardous household cleaners and substances are consumer products that have restrictions imposed on them that are regulated by the:

A) Food and Drug Administration Commission.
B) Consumer Product Safety Commission.
C) Federal Administrative Commission.
D) Federal Trade Commission.

Question 32

After the patent expires,other companies may produce alternative versions of the drug,referred to as:

A) embargoes.
B) placebos.
C) generics.
D) superfunds.

Question 33

In a Master Settlement Agreement,the companies agree not to engage in:

A) advertising strategies.
B) consumer product safety strategies.
C) federal administrative strategies
D) producing strategies.

Question 34

Liability without the necessity of proving fault is a:

A) tortuous liability.
B) strict liability.
C) business liability.
D) vicarious liability.

Question 35

A pharmaceutical company earns most of its profits from the drug only at the time during which the drug is effective and it is:

A) patented.
B) registered as a trade mark.
C) licensed as a copyright.
D) reasonably priced.

Question 36

Numerous federal and state statutes strictly regulate cigarettes and other tobacco products.Federal law disallows _________ of these products on television and radio.

A) usage
B) selling
C) advertising
D) licensing

Question 37

During the testing of drugs,the Phase in which a small number of people are tested to determine safety and dosage,and to identify side effects that result from taking the drug,is:

A) Phase I.
B) Phase II.
C) Phase III.
D) Phase IV.

Question 38

The federal and state governments enact numerous statutes and rules to reduce unreasonable risk of injury and death associated with:

A) safety products.
B) manufacturer products.
C) retailer products.
D) consumer products.

Question 39

The ones who are particularly vulnerable when the product manufacturer is insolvent or is a corporation that has been dissolved or is unreachable are the:

A) designers.
B) managers.
C) purchasers.
D) retailers.

Question 40

Despite the advent of strict liability,there is considerable activity to curb abuses of the system in various state legislatures with a view toward:

A) manufacture reform.
B) liability reform.
C) tort reform.
D) product reform.

Question 41

Distinguish among product flaw,failure to warn,and design defect in product liability lawsuits.

Question 42

Explain the legal reasoning behind the concept of strict liability.

Question 43

Describe the purpose of the Food and Drug Administration (FDA).