Question 1

Grass Green Company makes and sells hedge trimmers,which are designed to be safe if used properly.Hazel buys a Grass Green trimmer and lends it to her neighbor Izak.In his garage,Izak is using the trimmer as a prod to dislodge a box from a high shelf when the trimmer suddenly engages.Startled,Izak drops the trimmer,which swings around and cuts his leg.Izak files a product liability suit against Grass Green,on the ground of negligence.On what basis could the manufacturer prevail?​

Accepted Answer

The answer of Grass Green Company makes and sells hedge...

Question 2

Eco Products,Inc. ,makes espresso machines and sells one to Fresh Roast Café.Gus,a café' employee,is injured when the machine malfunctions.If the injury occurred as a result of a misrepresentation about the product,Eco is most likely liable for​

Accepted Answer

If the injury occurred as a result of a misrepresentation about the product, it indicates that there was a deliberate misstatement or omission of facts made by Eco Products, Inc. This constitutes fraud, which makes the company liable for the injury caused to Gus.

Question 3

SmartTalk,Inc. ,makes and markets cell phones and related accessories.When problems develop with SmartTalk products or sales,the company may be liable in product liability for any of the following except​

Accepted Answer

An ineffective marketing plan does not fall under the categories of product liability. The other options (manufacturing defect, design defect, inadequate warning) can all contribute to a product being considered defective and therefore, causing liability for the company.

Question 4

Wideload,Inc. ,makes,sells,and leases trucks,trailers,and other moving and hauling equipment for consumer use.Verna files a product liability suit against Wideload,alleging a design defect.In deciding whether to hold the maker liable,the court may consider​

Accepted Answer

The court may consider the expectations of the ordinary consumer in deciding if there is a design defect in the product. The focus is on whether the product met the reasonable expectations of the consumer in terms of safety, and if not, whether there was a feasible alternative design that would have prevented the harm. The assumptions, identity of the owner, and intentions of the manufacturer are not relevant in determining liability.

Question 5

Sea & Sail Corporation makes boats and boating supplies.Theresa files a product liability suit against Sea & Sail,alleging a design defect.In deciding whether to hold the boat maker liable,the court may consider an available alternative design based on the design's​

Accepted Answer

The court would consider whether the alternative design would have made the product safer and whether the benefits of the alternative design outweigh any potential drawbacks or additional costs. The other options may not be relevant or may not address the issue of design defect.

Question 6

Bob is shopping in Carl's Hardware Store when a nail gun in use by Dan,one of Carl's employees,fires without warning and hits Bob in the leg.Carl checks the gun and discovers that it was assembled improperly.Bob files a suit against Eagle Tools,Inc. ,the manufacturer of the gun,for product liability,on the ground of strict liability.What are the elements for an action based on strict liability? In whose favor is the court likely to rule and why?​

Accepted Answer

The answer of Bob is shopping in Carl's Hardware Store...

Question 7

In making and marketing home maintenance products,Do-It-Rite Corporation,like other sellers,is required to take precautions with its products against​

Accepted Answer

The answer of In making and marketing home maintenance products,Do-It-Rite...

Question 8

To make and sell fireplaces,Hearth,Inc. ,buys igniters,tubing,and other parts from Inflame Parts and installs them without modification.If the parts are defective,strictly liable for any damage caused by the defects​

Accepted Answer

Both Hearth and Inflame are involved in the manufacturing and selling of fireplaces. Hearth buys parts from Inflame and installs them without modification. Therefore, both companies are responsible for any defects in the parts and any resultant damages that may occur.

Question 9

The brakes on Ned's Overland truck malfunction,but he continues to drive it.Unable to slow down,he crashes through a guardrail and careens off the road.In Ned's suit against Overland,the truck maker can raise the defense of​

Accepted Answer

The defense of assumption of risk may be raised in this case because Ned continued to drive the truck despite knowing that the brakes were malfunctioning. This defense essentially argues that the plaintiff voluntarily assumed the risk of injury or harm by engaging in an activity with prior knowledge of the potential danger.

Question 10

Safe-T Company makes electrical cords and other connectors for electronic devices.Tina files a product liability suit against Safe-T,alleging a warning defect.In deciding whether to hold Safe-T liable,the court may consider​

Accepted Answer

The court may consider the obvious risks of this product in determining whether Safe-T is liable for the warning defect. The focus is on whether the warnings provided by Safe-T were adequate to warn consumers of the risks associated with using their products. The fact that consumers or the plaintiff may have failed to read the warnings is not necessarily relevant to this analysis. Additionally, the risks of other products are not relevant in determining liability for a specific product.

Question 11

Agro,Inc. ,sells seed to farmers.Bram buys and plants Agro seed on his farm,but no crop grows because the seed is defective.Bram sues Agro for product liability based on negligence.To win,Bram must show that​

Accepted Answer

To prove product liability based on negligence, Bram must show that he suffered damage caused by the defect. The other options are not relevant in this case.

Question 12

Ceramics Corporation makes ceramic products for commercial uses,including heat-resistant tiles for industrial ovens.When damage occurs in an oven at Dura-mold,Inc. ,liability may be imposed on Ceramics if the tiles sold to Dura-mold were​

Accepted Answer

Ceramics Corporation can be held liable only if the tiles were defective at the time of their sale, and the defect was the direct cause of the damage. If the tiles were in perfect condition at the time of sale, or if they were damaged by their use, Ceramics would not be held responsible. However, if the tiles were substantially changed after their sale, Ceramics would not be liable either.

Quiz 7: Strict Liability and Product Liability

Eco Products,Inc. ,makes espresso machines and sells one to Fresh Roast Café.Gus,a café' employee,is injured when the machine malfunctions.If the injury occurred as a result of a misrepresentation about the product,Eco is most likely liable for​

SmartTalk,Inc. ,makes and markets cell phones and related accessories.When problems develop with SmartTalk products or sales,the company may be liable in product liability for any of the following except​

Wideload,Inc. ,makes,sells,and leases trucks,trailers,and other moving and hauling equipment for consumer use.Verna files a product liability suit against Wideload,alleging a design defect.In deciding whether to hold the maker liable,the court may consider​

Sea & Sail Corporation makes boats and boating supplies.Theresa files a product liability suit against Sea & Sail,alleging a design defect.In deciding whether to hold the boat maker liable,the court may consider an available alternative design based on the design's​

In making and marketing home maintenance products,Do-It-Rite Corporation,like other sellers,is required to take precautions with its products against​

To make and sell fireplaces,Hearth,Inc. ,buys igniters,tubing,and other parts from Inflame Parts and installs them without modification.If the parts are defective,strictly liable for any damage caused by the defects​

The brakes on Ned's Overland truck malfunction,but he continues to drive it.Unable to slow down,he crashes through a guardrail and careens off the road.In Ned's suit against Overland,the truck maker can raise the defense of​

Safe-T Company makes electrical cords and other connectors for electronic devices.Tina files a product liability suit against Safe-T,alleging a warning defect.In deciding whether to hold Safe-T liable,the court may consider​

Agro,Inc. ,sells seed to farmers.Bram buys and plants Agro seed on his farm,but no crop grows because the seed is defective.Bram sues Agro for product liability based on negligence.To win,Bram must show that​

Ceramics Corporation makes ceramic products for commercial uses,including heat-resistant tiles for industrial ovens.When damage occurs in an oven at Dura-mold,Inc. ,liability may be imposed on Ceramics if the tiles sold to Dura-mold were​

Eco Products,Inc. ,makes espresso machines and sells one to Fresh Roast Café.Gus,a café' employee,is injured when the machine malfunctions.If the injury occurred as a result of a misrepresentation about the product,Eco is most likely liable for

SmartTalk,Inc. ,makes and markets cell phones and related accessories.When problems develop with SmartTalk products or sales,the company may be liable in product liability for any of the following except

Wideload,Inc. ,makes,sells,and leases trucks,trailers,and other moving and hauling equipment for consumer use.Verna files a product liability suit against Wideload,alleging a design defect.In deciding whether to hold the maker liable,the court may consider

Sea & Sail Corporation makes boats and boating supplies.Theresa files a product liability suit against Sea & Sail,alleging a design defect.In deciding whether to hold the boat maker liable,the court may consider an available alternative design based on the design's

In making and marketing home maintenance products,Do-It-Rite Corporation,like other sellers,is required to take precautions with its products against

To make and sell fireplaces,Hearth,Inc. ,buys igniters,tubing,and other parts from Inflame Parts and installs them without modification.If the parts are defective,strictly liable for any damage caused by the defects

The brakes on Ned's Overland truck malfunction,but he continues to drive it.Unable to slow down,he crashes through a guardrail and careens off the road.In Ned's suit against Overland,the truck maker can raise the defense of

Safe-T Company makes electrical cords and other connectors for electronic devices.Tina files a product liability suit against Safe-T,alleging a warning defect.In deciding whether to hold Safe-T liable,the court may consider

Agro,Inc. ,sells seed to farmers.Bram buys and plants Agro seed on his farm,but no crop grows because the seed is defective.Bram sues Agro for product liability based on negligence.To win,Bram must show that

Ceramics Corporation makes ceramic products for commercial uses,including heat-resistant tiles for industrial ovens.When damage occurs in an oven at Dura-mold,Inc. ,liability may be imposed on Ceramics if the tiles sold to Dura-mold were