Question 1

Sal owns Reclamation & Restoration (R&R),a demolition company.Demolition of a Quad City brownstone by an R&R crew injures Ted,a spectator.Under the theory of strict liability,Sal must pay for Ted's injury​

Accepted Answer

Under the theory of strict liability, it does not matter whether or not the R&R crew was at fault. The focus is on the activity of demolition, which is considered inherently dangerous, and any harm resulting from that activity is the responsibility of the person or company conducting it. Therefore, Sal is liable for Ted's injury regardless of fault.

Question 2

The dangers associated with using sharp knives are so commonly known that manufacturers need not warn users of those dangers.

Accepted Answer

The answer of The dangers associated with using sharp knives...

Question 3

An action in strict product liability requires that a product be reasonably dangerous to a user or consumer.

Accepted Answer

In strict product liability, a product must be unreasonably dangerous to a user or consumer for an action to be successful.

Question 4

Assumption of risk is no defense to a product liability action.

Accepted Answer

Assumption of risk may be a defense to a product liability action if the plaintiff voluntarily and knowingly assumed the risk associated with using the product. However, the specific circumstances surrounding the assumption of risk must be evaluated on a case-by-case basis.

Question 5

To support the imposition of strict product liability,a product must be substantially changed from the time it is sold to the time an injury occurs.

Accepted Answer

This statement is false. Strict product liability applies even if the product has not been substantially changed from the time it was sold to the time an injury occurs. The manufacturer or seller of the product can still be held liable for any harm caused by a defect in the product.

Question 6

Level Grade Engineering,Inc. ,sometimes uses explosives to prepare land for construction projects.Strict liability is imposed on this activity because​

Accepted Answer

The use of explosives is an extremely risky activity, and strict liability is imposed to ensure that those engaging in it take all necessary precautions to prevent harm to others. The fact that Level Grade Engineering, Inc. is a corporation or that liability can be added to the costs of construction is irrelevant to the imposition of strict liability.

Question 7

No court engages in a risk-utility analysis to determine whether the risk of harm from a product is outweighed by its utility.

Accepted Answer

Courts often do engage in a risk-utility analysis to determine whether the risk of harm from a product is outweighed by its utility. This analysis is often used in products liability cases to determine if a product was defectively designed or manufactured.

Question 8

Government regulations can preempt claims for product liability.

Accepted Answer

If a government regulation exists for a product, it may preempt a claim for product liability under certain circumstances. This means that the regulation could override a plaintiff's claim for damages, making it difficult or impossible for them to recover losses. However, this is not always the case and depends on the specific details of the situation.

Question 9

Roadbuilders,Inc. ,uses dynamite in its operations.Sky-Hi Fireworx,Inc. ,stores explosives in its warehouses.Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity will be​

Accepted Answer

Both Roadbuilders and Sky-Hi engage in activities that involve the use and storage of dangerous explosives which fall under the category of abnormally dangerous activities. Therefore, both companies are likely to be held strictly liable for any injury caused by these activities.

Question 10

Sno Sports LLC makes and sells a snowboard to Toby.Sno Sports fails to exercise "due care" to make the board safe,and Toby is injured as a result.Sno Sports is most likely liable for​

Accepted Answer

Sno Sports would be liable for Toby's injuries if they failed to exercise "due care" to make the snowboard safe, which would qualify as negligence. They would not be liable for any unauthorized alterations made to the snowboard by Toby or anyone else, nor for misrepresentations unless those misrepresentations were about the safety of the snowboard. Therefore, the correct choice is C) negligence.

Question 11

One defense to product liability is to show that there is no basis for the plaintiff's claim.

Accepted Answer

This defense is known as lack of causation, which means the plaintiff cannot prove that the alleged defect in the product caused their injury or damages. If the defendant successfully proves lack of causation, the plaintiff's claim will be dismissed.

Question 12

An inadequate warning will support the imposition of liability on a strict product liability basis.

Accepted Answer

The adequacy of warning is an important consideration in product liability cases. If a warning is inadequate, it may support the imposition of liability on a strict product liability basis. In such cases, the manufacturer may be held liable for any harm caused by the product if it is found that the product was unreasonably dangerous due to the inadequate warning provided to the consumer.

Question 13

As a defense to product liability,comparative negligence completely absolves a defendant of liability.

Accepted Answer

Comparative negligence does not completely absolve a defendant of liability, but rather assigns a percentage of fault to both the plaintiff and defendant based on their levels of negligence. The defendant may still be liable for damages, but the amount awarded may be reduced based on the plaintiff's contribution to their own injuries.

Question 14

Parties who can be held liable on a theory of product liability for physical injury or property damage caused by defective goods include all of the following except​

Accepted Answer

A user of the goods cannot be held liable on a theory of product liability for physical injury or property damage caused by defective goods. Liability falls on the parties involved in the production, sale, or distribution of the defective goods.

Question 15

Marketing puffery has traditionally been recognized in product liability law as a product defect.

Accepted Answer

Marketing puffery refers to exaggerated advertising claims that are not meant to be taken literally by consumers. It is not considered a product defect in product liability law, as it does not involve a physical or functional flaw in the product itself.

Question 16

A manufacturing defect is a departure from a product unit's design specifications that results in products that are physically flawed.

Accepted Answer

This is the definition of a manufacturing defect.

Question 17

When a user is injured as a result of a seller's misrepresentation,the basis of product liability may be the tort of fraud.

Accepted Answer

The tort of fraud occurs when a seller intentionally misrepresents a product, causing harm or injury to the user. This can be a basis for product liability.

Question 18

Generally,the strict liability of manufactures and other sellers does not extend to injured bystanders.

Accepted Answer

The answer of Generally,the strict liability of manufactures and other...

Question 19

Under a theory of market-share liability,a manufacturer sells "shares" of its potential strict liability and thereby spreads the risk and the cost.

Accepted Answer

The answer of Under a theory of market-share liability,a manufacturer...

Question 20

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

Accepted Answer

Negligence-based product liability actions do not require privity of contract between the injured plaintiff and the defendant-manufacturer. Any person who is injured by a product may bring a suit against the manufacturer for negligence.

Quiz 7: Strict Liability and Product Liability

Sal owns Reclamation & Restoration (R&R) ,a demolition company.Demolition of a Quad City brownstone by an R&R crew injures Ted,a spectator.Under the theory of strict liability,Sal must pay for Ted's injury

The dangers associated with using sharp knives are so commonly known that manufacturers need not warn users of those dangers.

An action in strict product liability requires that a product be reasonably dangerous to a user or consumer.

Assumption of risk is no defense to a product liability action.

To support the imposition of strict product liability,a product must be substantially changed from the time it is sold to the time an injury occurs.

Level Grade Engineering,Inc. ,sometimes uses explosives to prepare land for construction projects.Strict liability is imposed on this activity because

No court engages in a risk-utility analysis to determine whether the risk of harm from a product is outweighed by its utility.

Government regulations can preempt claims for product liability.

Roadbuilders,Inc. ,uses dynamite in its operations.Sky-Hi Fireworx,Inc. ,stores explosives in its warehouses.Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity will be

Sno Sports LLC makes and sells a snowboard to Toby.Sno Sports fails to exercise "due care" to make the board safe,and Toby is injured as a result.Sno Sports is most likely liable for

One defense to product liability is to show that there is no basis for the plaintiff's claim.

An inadequate warning will support the imposition of liability on a strict product liability basis.

As a defense to product liability,comparative negligence completely absolves a defendant of liability.

Parties who can be held liable on a theory of product liability for physical injury or property damage caused by defective goods include all of the following except

Marketing puffery has traditionally been recognized in product liability law as a product defect.

A manufacturing defect is a departure from a product unit's design specifications that results in products that are physically flawed.

When a user is injured as a result of a seller's misrepresentation,the basis of product liability may be the tort of fraud.

Generally,the strict liability of manufactures and other sellers does not extend to injured bystanders.

Under a theory of market-share liability,a manufacturer sells "shares" of its potential strict liability and thereby spreads the risk and the cost.

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

Quiz 7: Strict Liability and Product Liability

Sal owns Reclamation & Restoration (R&R) ,a demolition company.Demolition of a Quad City brownstone by an R&R crew injures Ted,a spectator.Under the theory of strict liability,Sal must pay for Ted's injury​

The dangers associated with using sharp knives are so commonly known that manufacturers need not warn users of those dangers.

An action in strict product liability requires that a product be reasonably dangerous to a user or consumer.

Assumption of risk is no defense to a product liability action.

To support the imposition of strict product liability,a product must be substantially changed from the time it is sold to the time an injury occurs.

Level Grade Engineering,Inc. ,sometimes uses explosives to prepare land for construction projects.Strict liability is imposed on this activity because​

No court engages in a risk-utility analysis to determine whether the risk of harm from a product is outweighed by its utility.

Government regulations can preempt claims for product liability.

Roadbuilders,Inc. ,uses dynamite in its operations.Sky-Hi Fireworx,Inc. ,stores explosives in its warehouses.Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity will be​

Sno Sports LLC makes and sells a snowboard to Toby.Sno Sports fails to exercise "due care" to make the board safe,and Toby is injured as a result.Sno Sports is most likely liable for​

One defense to product liability is to show that there is no basis for the plaintiff's claim.

An inadequate warning will support the imposition of liability on a strict product liability basis.

As a defense to product liability,comparative negligence completely absolves a defendant of liability.

Parties who can be held liable on a theory of product liability for physical injury or property damage caused by defective goods include all of the following except​

Marketing puffery has traditionally been recognized in product liability law as a product defect.

A manufacturing defect is a departure from a product unit's design specifications that results in products that are physically flawed.

When a user is injured as a result of a seller's misrepresentation,the basis of product liability may be the tort of fraud.

Generally,the strict liability of manufactures and other sellers does not extend to injured bystanders.

Under a theory of market-share liability,a manufacturer sells "shares" of its potential strict liability and thereby spreads the risk and the cost.

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

Sal owns Reclamation & Restoration (R&R) ,a demolition company.Demolition of a Quad City brownstone by an R&R crew injures Ted,a spectator.Under the theory of strict liability,Sal must pay for Ted's injury

Level Grade Engineering,Inc. ,sometimes uses explosives to prepare land for construction projects.Strict liability is imposed on this activity because

Roadbuilders,Inc. ,uses dynamite in its operations.Sky-Hi Fireworx,Inc. ,stores explosives in its warehouses.Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity will be

Sno Sports LLC makes and sells a snowboard to Toby.Sno Sports fails to exercise "due care" to make the board safe,and Toby is injured as a result.Sno Sports is most likely liable for

Parties who can be held liable on a theory of product liability for physical injury or property damage caused by defective goods include all of the following except