Question 1

Therapy Corporation makes medical devices that are subject to extensive government regulation and undergo a rigorous premarket approval process.In a product liability suit against Therapy by a party allegedly injured by one of the devices,the company can most successfully raise the defense of​

Accepted Answer

Preemption is a defense that can be raised when a product is subject to extensive government regulation and the claims made against the company relate to compliance with those regulations. In this case, Therapy Corporation's medical devices are subject to rigorous premarket approval process, and if the company can show that it complied with all the relevant regulations, it may be able to argue that federal law preempts any state law claims made against it.

Question 2

Garden Tool Company makes chain saws.Hadrian is injured while using a Garden saw and sues the company for product liability based on negligence.To win,Hadrian must show that​

Accepted Answer

In order to win a product liability case based on negligence, the plaintiff must show that the company did not use due care in designing, manufacturing, or warning about the product. The other options (B, C, and D) do not directly relate to the issue of negligence.

Question 3

River Rock Company makes spas and hot tubs.Sterling files a product liability suit against River Rock,alleging a warning defect in one of its products.In deciding whether to hold the defendant liable,the court may take note that a manufacturer or seller has no duty to warn about risks that are​

Accepted Answer

A manufacturer or seller does not have a duty to warn about obvious risks because it is assumed that a reasonable consumer would already be aware of those risks.

Question 4

Island Breeze Company designs and makes desk,window,and ceiling fans.In a product liability suit based on negligence,Island Breeze could be liable for violating its duty of care with respect to all of the following except​

Accepted Answer

The duty of care applies to factors that are within the control of the manufacturer, such as designing and producing a safe product, and warning consumers of any potential hazards. However, a consumer's unforeseeable misuse of a product is not something within the control of the manufacturer, and therefore Island Breeze would not be liable for violating its duty of care related to this factor.

Question 5

Soda Bubbles Corporation makes and sells soft drinks.Talia buys and drinks a Soda beverage,which proves defective and injures her.One justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that​

Accepted Answer

The justification for holding Soda strictly liable for Talia's injury is that Soda is in a better position than Talia to bear the cost of her injury. As the manufacturer of the defective product, Soda has the resources and knowledge to compensate Talia for her injury, whereas Talia is just a consumer who may not have the means to bear the cost of her injury. This is in line with the principles of strict liability, which holds that manufacturers are responsible for harm caused by their defective products regardless of fault. The other options are not relevant to the justification for holding Soda strictly liable for Talia's injury.

Question 6

Rose,who is obese,files a product liability suit against Burger Meal Corporation (BMC),alleging that BMC's food is unhealthy because,as Rose knows,it contains high levels of cholesterol and saturated fat.BMC can most successfully assert the defense of​

Accepted Answer

The answer of Rose,who is obese,files a product liability suit...

Question 7

Flo is working on a construction site when she is injured on the job in the collapse of a Girder Company-made beam.At the time,Flo is not wearing any safety gear.In Flo's product liability suit against Girder,the company can most successfully raise the defense of​

Accepted Answer

Flo's failure to wear any safety gear can be seen as negligent behavior on her part, which contributed to her injury. Comparative negligence allows for the damages awarded to be reduced in proportion to the plaintiff's degree of fault. Therefore, Girder could raise the defense of comparative negligence in this case.

Question 8

Arrow Corporation makes archery supplies.While using an Arrow bow,Balto is injured due to a defect in the bow that causes an arrow to misfire.Chu,another archer standing by,is also injured.In a product liability suit based on strict product liability,Arrow may be liable to​

Accepted Answer

Strict product liability holds that a manufacturer is responsible for any injuries or damages caused by a defective product, regardless of whether the manufacturer was negligent or not. In this case, Arrow Corporation made a defective bow that caused injuries to both Balto and Chu, so Arrow could be held liable for the injuries of both individuals.

Question 9

Fleet Feet Corporation makes athletic shoes.Gloria,a marathoner,files a product liability suit against Fleet Feet,alleging a design defect.In deciding whether to hold Fleet Feet liable,the court may consider an alternative design's​

Accepted Answer

In considering whether to hold Fleet Feet liable for the alleged design defect, the court may look at whether there was an alternative design that was safer and more reasonable. This would involve weighing the advantages and disadvantages of the alternative design as compared to the original design. The popularity of the alternative design, weight, and aesthetics may not be relevant to this determination.

Question 10

Global Insulation Company makes and sells fire-retardant building materials.To determine whether the risk of harm from the products as designed outweigh their utility to the users and the public,most courts would engage in​

Accepted Answer

Courts would engage in a risk-utility analysis to balance the risks and benefits of Global Insulation Company's fire-retardant building materials. This approach considers the likelihood and severity of harm alongside the usefulness and practicality of the product. Factors such as the feasibility of alternative designs, the sophistication of the user, and the product's intended purpose would also be taken into account. The other options, such as a consumer-expectations test or marketing test, would not provide a comprehensive analysis of the product's safety and usefulness.

Question 11

Garage Magic,Inc. ,contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores.Ian buys one of openers.The applicable statute of limitations prescribes a period of four years.To bring a product liability claim against Garage Magic,Ian must file a suit within four years of​

Accepted Answer

The applicable statute of limitations prescribes a period of four years from the time of Ian's discovery of an injury caused by the opener. This means that Ian must file a suit within four years of discovering the injury.

Question 12

Saki,an air conditioning and heating technician,files a suit against Temp-Set Corporation,alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock.Temp-Set's best defense is most likely​

Accepted Answer

The best defense for Temp-Set Corporation would be the knowledgeable user defense, meaning that as an air conditioning and heating technician, Saki should have knowledge of the potential dangers of working with electrical equipment and should have taken appropriate precautions while using Temp-Set's thermostats.

Question 13

City Slick,Inc.makes cosmetics.City Slick intentionally mislabels its packaged products to conceal a defect.Trusting and relying on the mislabeling,Dora buys a City Slick product and suffers an injury.City Slick is most likely liable for​

Accepted Answer

City Slick intentionally mislabels its products to deceive consumers, which constitutes fraud. Dora relied on the mislabeling and suffered an injury, hence City Slick is liable for the damages caused. Choices A, C, and D are not applicable in this scenario.

Question 14

ClearCall Corporation makes phones,which are sold to consumers by DefDeals stores.Erna files a product liability suit against ClearCall,alleging a design defect.In deciding whether to hold ClearCall liable,the court may consider​

Accepted Answer

In product liability cases, the court may consider an available alternative design as a defense against a design defect claim. This means that if ClearCall can demonstrate that there was another feasible design for their phone that would have prevented the alleged defect, they may not be found liable. Erna's intended use for the phone, DefDeals' method of accounting, and ClearCall's quality control efforts may not be relevant to the issue of whether there was a design defect in the phone.

Question 15

Digg Deep Inc.makes and leases a backhoe to Estes.Due to a defect attributable to Digg Deep's negligence,Estes is injured in an accident in which his neighbor Fortis is also hurt.In a product liability suit based on negligence,Digg Deep may be liable to​

Accepted Answer

Digg Deep may be liable to both Estes and Fortis as they both suffered injuries due to the defect in the backhoe. NEGLIGENCE IN PRODUCT LIABILITY claims can result in liability for injuries to the end-user as well as any third parties who are injured as a result of the defect.

Question 16

Camp Gear,Inc. ,makes and sells a camp stove to Devin.Camp Gear fails to exercise "due care" to make the stove safe,however,and Devin is injured as a result.Camp Gear is most likely liable for​

Accepted Answer

Camp Gear is liable for negligence because they failed to exercise "due care" to make the stove safe, which resulted in Devin's injury. Assumption of risk, commonly known danger, and product misuse are not applicable in this scenario.

Question 17

Brandname Parts,Inc. ,makes and sells parts for the repair of major appliances.Clarice suffers a loss when a defective Brandname part in her freezer fails to keep the contents fresh.A statute restricts the time within which Clarice may file a product liability suit once she has discovered or should have discovered the damage.This is a statute of​

Accepted Answer

A statute of limitations restricts the time within which a lawsuit must be filed after the discovery or should have discovery of the damage. Preemption refers to federal law taking precedence over state law. Repose limits the time within which a lawsuit can be filed regardless of when the damage was discovered. Suspension refers to a temporary halt in legal proceedings.

Question 18

Cookin' Products Company makes heat convection ovens.DeAnn discovers that her Cookin' oven is defective and sues the maker for product liability based on strict liability.To win,DeAnn must show that she​

Accepted Answer

The answer of Cookin' Products Company makes heat convection ovens.DeAnn...

Question 19

Sail-Away Corporation makes sailboards,which are bought and distributed by Tropic Company to UV Sports Stores,Inc. ,which sells them to consumers.Wen is injured while using a Sail-Away board that he bought from UV Sports.In a product liability suit based on strict liability,Wen may recover from​

Accepted Answer

In a product liability suit based on strict liability, any party in the chain of distribution may be held liable. Sail-Away, as the manufacturer, may be held liable for any defects in the product. Tropic, as the distributor, and UV Sports, as the retailer, may also be held liable if they were negligent in their handling of the product. Therefore, Wen may recover from any of these parties.

Question 20

MedBeat Inc. ,makes medical devices,including heart pacemakers.Nina,a heart patient,files a product liability suit against MedBeat,alleging a warning defect with respect to its pacemaker.In deciding whether to hold MedBeat liable,the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and​

Accepted Answer

The court will consider whether the omission of a warning renders the pacemaker not reasonably safe. This is because the duty to warn is an essential part of a manufacturer's duty to produce and design a safe product, and failure to provide adequate warnings can make a product unreasonably dangerous. Therefore, this is an important factor in determining MedBeat's liability in this case. The other options (B, C, and D) may also be considered by the court, but A is the most relevant and important factor to consider.

Quiz 7: Strict Liability and Product Liability

Therapy Corporation makes medical devices that are subject to extensive government regulation and undergo a rigorous premarket approval process.In a product liability suit against Therapy by a party allegedly injured by one of the devices,the company can most successfully raise the defense of

Garden Tool Company makes chain saws.Hadrian is injured while using a Garden saw and sues the company for product liability based on negligence.To win,Hadrian must show that

River Rock Company makes spas and hot tubs.Sterling files a product liability suit against River Rock,alleging a warning defect in one of its products.In deciding whether to hold the defendant liable,the court may take note that a manufacturer or seller has no duty to warn about risks that are

Island Breeze Company designs and makes desk,window,and ceiling fans.In a product liability suit based on negligence,Island Breeze could be liable for violating its duty of care with respect to all of the following except

Soda Bubbles Corporation makes and sells soft drinks.Talia buys and drinks a Soda beverage,which proves defective and injures her.One justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that

Rose,who is obese,files a product liability suit against Burger Meal Corporation (BMC) ,alleging that BMC's food is unhealthy because,as Rose knows,it contains high levels of cholesterol and saturated fat.BMC can most successfully assert the defense of

Flo is working on a construction site when she is injured on the job in the collapse of a Girder Company-made beam.At the time,Flo is not wearing any safety gear.In Flo's product liability suit against Girder,the company can most successfully raise the defense of

Arrow Corporation makes archery supplies.While using an Arrow bow,Balto is injured due to a defect in the bow that causes an arrow to misfire.Chu,another archer standing by,is also injured.In a product liability suit based on strict product liability,Arrow may be liable to

Fleet Feet Corporation makes athletic shoes.Gloria,a marathoner,files a product liability suit against Fleet Feet,alleging a design defect.In deciding whether to hold Fleet Feet liable,the court may consider an alternative design's

Global Insulation Company makes and sells fire-retardant building materials.To determine whether the risk of harm from the products as designed outweigh their utility to the users and the public,most courts would engage in

Saki,an air conditioning and heating technician,files a suit against Temp-Set Corporation,alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock.Temp-Set's best defense is most likely

City Slick,Inc.makes cosmetics.City Slick intentionally mislabels its packaged products to conceal a defect.Trusting and relying on the mislabeling,Dora buys a City Slick product and suffers an injury.City Slick is most likely liable for

ClearCall Corporation makes phones,which are sold to consumers by DefDeals stores.Erna files a product liability suit against ClearCall,alleging a design defect.In deciding whether to hold ClearCall liable,the court may consider

Digg Deep Inc.makes and leases a backhoe to Estes.Due to a defect attributable to Digg Deep's negligence,Estes is injured in an accident in which his neighbor Fortis is also hurt.In a product liability suit based on negligence,Digg Deep may be liable to

Camp Gear,Inc. ,makes and sells a camp stove to Devin.Camp Gear fails to exercise "due care" to make the stove safe,however,and Devin is injured as a result.Camp Gear is most likely liable for

Cookin' Products Company makes heat convection ovens.DeAnn discovers that her Cookin' oven is defective and sues the maker for product liability based on strict liability.To win,DeAnn must show that she

Sail-Away Corporation makes sailboards,which are bought and distributed by Tropic Company to UV Sports Stores,Inc. ,which sells them to consumers.Wen is injured while using a Sail-Away board that he bought from UV Sports.In a product liability suit based on strict liability,Wen may recover from