Question 1

Many school buildings constructed from 1930 to 1970 had asbestos insulation in them.Presently the schools are undertaking a massive program to replace the insulation and at substantial cost.Could the schools turn to asbestos manufacturers for recovery of the costs? What if students who were exposed to the asbestos during the time they attended the schools develop asbestosis or lung cancer? Where can the students turn?

Accepted Answer

The answer of Many school buildings constructed from 1930 to...

Question 2

Anne Twain purchased two hamsters for her children.She told the salesperson,"I want two hamsters of the same gender,now." The pet store salesperson said,"No problem.These are two males." Six weeks later,Anne's children reported the birth of thirteen tiny hamsters.What rights does Anne have?

Accepted Answer

The answer of Anne Twain purchased two hamsters for her...

Question 3

The Listeria found in Blue Bell ice cream is an example of:​

Accepted Answer

The presence of Listeria in Blue Bell ice cream constitutes a breach of the implied warranty of merchantability, as the ice cream was not fit for human consumption due to contamination.

Question 4

James Kaufman purchased 11 heifers from Peter Van Santen.Van Santen provided in their agreement that the cows had "no mastitis." Mastitis is an inflammation of the milk-producing tissue in the udder that can result in infection and reduction of milk production.Shortly after taking delivery,Kaufman discovered mastitis in the cows.One had to be killed and the remainder of Kaufman's herd became infected.He lost $30,000 because of decreased milk production and spent nearly $600 in vet bills.Can Kaufman recover from Van Santen? If so,on what theories?

Accepted Answer

The answer of James Kaufman purchased 11 heifers from Peter...

Question 5

Chipotle experienced E.coli outbreaks in several of its restaurants during 2016.A restaurant experiencing food contamination:​

Accepted Answer

A restaurant is liable under the implied warranty of merchantability for any harm to customers caused by food contamination. This means that the food served must be fit for consumption and safe to eat, and if it causes harm, the restaurant is responsible for any resulting damages. Option B is not applicable because fitness for a particular purpose refers to a specific intended use of the product, rather than general safety. Option C is not correct because the restaurant can still be held liable even if they were not aware of the problem, as they have a duty to ensure the safety of the food they serve.

Question 6

The turf materials used to provide surface cushioning on children's playgrounds have been found to contain lead at levels high enough to harm children.There are 11,000 so-called "rubber crumb" playgrounds in the United States and the lead levels were found in all manufacturers' products.The levels around the fields may not be dangerous,but the "crumbs" break off and if those crumbs are ingested by children,lead levels could be dangerous.Which of the following statements is true?​

Accepted Answer

The manufacturers of the rubber crumb playgrounds could be held liable for lead injuries to children even if they were unaware of the lead presence or risk. This is because they have a duty of care to ensure the safety of their products, and should have conducted proper testing to identify any potential hazards. Ignorance about the lead levels in their products would not be a valid defense against liability.

Question 7

Ford manufactured its Pinto auto (a subcompact car)from 1968 to 1980.The gas tank was rigidly mounted and the top of the tank was the floor of the trunk compartment.There was no shield to prevent the spread of fire into the auto.Fox sustained severe burns when his Pinto was hit from behind and exploded into flames.Discuss possible theories of recovery for Fox.

Accepted Answer

The answer of Ford manufactured its Pinto auto (a subcompact...

Question 8

Koellmer purchased a Chrysler auto.After taking delivery of his new vehicle,he discovered there were warranty disclaimers in his owner's manual.Is Koellmer bound by the warranty disclaimers?

Accepted Answer

The answer of Koellmer purchased a Chrysler auto.After taking delivery...

Question 9

Chobani,the Yogurt company,began running ads that compared its Chobani 100 with Dannon Light & Fit,stating in the ad that Dannon contained preservatives,i.e.,potassium sorbate.Dannon filed a suit in court asking for an injunction to halt the ads because potassium sorbate is a salt used in yogurt to prevent the growth of mold and yeast and is not used as a preservative.Chobani responded to the suit claiming that the ads are accurate and that the information on potassium sorbate came from a government website listing Dannon ingredients.Which of the following is correct?​

Accepted Answer

The answer of Chobani,the Yogurt company,began running ads that compared...

Question 10

The FDA tested a vitamin supplement and found that it contained 21% anabolic steroids.The label does not include a disclosure about the presence of steroids.What are the remedies available against the company?​

Accepted Answer

All of the above options are available remedies against the company. An injunction can be sought to halt sales of the supplement, and the label can be corrected to include a disclosure about the presence of steroids. Additionally, a recall of the product can be initiated to remove it from the market.

Question 11

Chevy (General Motors)manufactured a truck called the LUV.Expert evidence has shown that the absence of a head restraint in the LUV exposes the occupants in a low-speed rear-end collision to cranial impact 16 times that which would result if head restraints were provided.Discuss the risk General Motors runs with the product as it is and possible theories owners injured in such crashes could use for recovery.Must a car be crash-proof?

Accepted Answer

The answer of Chevy (General Motors)manufactured a truck called the...

Question 12

Gillham purchased an Admiral TV and shortly thereafter read of the propensity of the TVs to overheat and burst into flames.While watching TV,his set exploded and burned.He experienced rippling burns.Can Gillham recover? Discuss various issues and defenses in the case.

Accepted Answer

The answer of Gillham purchased an Admiral TV and shortly...

Question 13

Discuss the ethics of Toyota delaying its recall on vehicles with sudden unintended acceleration problems.

Accepted Answer

The answer of Discuss the ethics of Toyota delaying its...

Question 14

Takata manufactures air bags that are sold to automakers for installation in their vehicles.A series of Takata air bags were prone to explosion,and resulted in the recall of 19 million vehicles in the United States,8 deaths,and hundreds of injuries.When the air bags explode,they send shrapnel throughout the vehicles.
-Which of the following statements is correct about the air bag victims?​

Accepted Answer

The victims can recover from Takata or the auto manufacturer. Takata has a duty to ensure the safety of their products, and the automakers have a duty to sell safe vehicles. Additionally, even if there is no privity of contract between the victim and Takata, the victims can still recover under product liability laws.

Question 15

Discuss why the Consumer Product Safety Improvement Act included rules for resellers of certain types of products.

Accepted Answer

The answer of Discuss why the Consumer Product Safety Improvement...

Question 16

Bucky Warren,Inc.manufactured a hockey helmet.The helmet had gaps in it to give it flex and movement.Everett was injured when a puck struck his head in one of the gaps.Is Bucky Warren liable?

Accepted Answer

The answer of Bucky Warren,Inc.manufactured a hockey helmet.The helmet had...

Question 17

Cheryl Lileth purchased Big Eyes Mascara,a product described on its label as "Hypoallergenic." Cheryl developed a rash and swelling after one use.Can she recover? What possible theories could she use?

Accepted Answer

The answer of Cheryl Lileth purchased Big Eyes Mascara,a product...

Question 18

The following warning appears on a sticker attached to a hover board: ​
Risk of Death and Serious Injury
Whenever you ride on vehicle,you risk injured [sic] from loss of controls [sic] and fallings [sic].To ride safely,you must read and follow all the instructions and warnings in this user manual.
​What is the effect of the warning?

Accepted Answer

The warning specifically mentions the need to follow the instructions and warnings in the user manual, implying that failure to do so may result in the manufacturer disclaiming liability for injuries.

Question 19

A children's Halloween make-up kit states that it is "non-toxic." Several children developed severe rashes and eye infections following use of the product on Halloween.Does the manufacturer have any liability?

Accepted Answer

The answer of A children's Halloween make-up kit states that...

Question 20

Takata manufactures air bags that are sold to automakers for installation in their vehicles.A series of Takata air bags were prone to explosion,and resulted in the recall of 19 million vehicles in the United States,8 deaths,and hundreds of injuries.When the air bags explode,they send shrapnel throughout the vehicles.
-Some employees at Takata have come forward to reveal that they were aware that there were problems with the air bags and that the testing data may have been altered to minimize the likelihood of an explosion of the air bags.This information:​

Accepted Answer

The information about altered testing data and awareness of defects could lead to punitive damages (B) and is not needed to establish a Section 402A product liability case (A).

Quiz 13: Product Advertising and Liability