Question 1

As the NHTSA is not responsible for the safety of automobiles, instead it focuses on controlling automobile emissions.

Accepted Answer

The statement is incorrect. The National Highway Traffic Safety Administration (NHTSA) is responsible for promoting and regulating automobile safety in the United States, including developing and enforcing safety standards for vehicles and their parts, as well as investigating defects and conducting research on ways to improve vehicle safety. While the agency is also involved in regulating automobile emissions, its primary focus is on safety.

Question 2

All of the following create the basis for product liability claims against manufacturers and sellers, EXCEPT:

Accepted Answer

While product guarantees or warranties can be a factor in product liability cases, they are not one of the four primary bases for such claims. The four primary bases are product flaws, failure to warn, design defects, and manufacturing defects.

Question 3

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

Accepted Answer

This statement is false. Advertising of drugs is legal, but detailed information about the drug being advertised must be disclosed, including its intended use, side effects, and precautions. This is required by the FDA to ensure that consumers have the necessary information to make an informed decision about the drug.

Question 4

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.

Accepted Answer

Breach is often difficult to prove in a product liability lawsuit because it requires the plaintiff to demonstrate that the defendant failed to meet a specific standard of care, which usually necessitates the testimony of expert witnesses to evaluate the manufacturing or selling practices.

Question 5

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

Accepted Answer

Strict liability means that a company can still be held liable for damages even if they were not negligent or intended to harm anyone. This can create a fear of lawsuits and discourage innovation as companies may not want to take the risk of introducing new products that could potentially lead to liability claims.

Question 6

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

Accepted Answer

Retailers, wholesalers, and manufacturers of component parts in the distribution channel can be held liable for product-related injury under product liability laws. Liability can be based on negligence, strict liability or breach of warranty.

Question 7

A breach of warranty lawsuit is based upon tort law.

Accepted Answer

A breach of warranty lawsuit typically involves a breach of contract claim rather than a tort claim. Breach of warranty is a violation of the terms and conditions of a contract, whereas a tort claim involves harm caused by a wrongful act or omission.

Question 8

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

Accepted Answer

The answer of The liability of a manufacturer or seller...

Question 9

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 increased.

Accepted Answer

This statement is true.

Question 10

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.

Accepted Answer

Tort law, not contract law, typically governs legal actions for injury or property loss due to product use, as it deals with civil wrongs and negligence, whereas contract law deals with breaches of agreement between parties.

Question 11

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

Accepted Answer

This statement is false. The Public Health Cigarette Smoking Act of 1970 banned the advertising of cigarettes and other tobacco products on television and radio. The only exception is for advertisements in publications with a primarily adult audience.

Question 12

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.

Accepted Answer

Governments can reduce the risk of injury and death associated with consumer products by providing safety information to the public and developing both voluntary and mandatory safety standards, which help ensure products meet certain safety criteria before they reach consumers.

Question 13

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

Accepted Answer

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

Question 14

A product flaw is an abnormality or a condition that was not intended and that makes a product more dangerous than necessary.

Accepted Answer

A product flaw is indeed an abnormality or a condition that was not intended and does make a product more dangerous than necessary.

Question 15

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

Accepted Answer

This statement is known as the "duty to warn" and is a legal responsibility for manufacturers and sellers to provide clear and adequate warnings about any potential dangers associated with their products. This duty extends to both known and foreseeable risks, and failure to provide adequate warnings can result in legal liability if harm occurs to a consumer or user.

Question 16

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:

Accepted Answer

The elements that a plaintiff must prove in order to establish the defendant's negligence in a product liability lawsuit are duty, breach, causation, and damages. Warranty is a separate legal concept that may be relied upon by a plaintiff, but it is not one of the elements of negligence.

Question 17

Under traditional tort law, it is often difficult for injured parties to prove negligence and the defenses of manufacturers are often very effective.

Accepted Answer

Traditional tort law requires the injured party to prove that the defendant breached their duty of care and caused the injury. This can be difficult as manufacturers may have strong defenses, such as assuming the risk or claiming that the user misused the product.

Question 18

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

Accepted Answer

When a pharmaceutical company invents a new drug, it is granted a patent for a limited amount of time, usually around 20 years. During this time, the company has exclusive rights to manufacture and sell the drug, allowing them to charge a higher price and earn significant profits. Once the patent expires, other companies can produce generic versions of the drug, which typically sell for less and cut into the original company's profits. Therefore, the pharmaceutical company earns most of its drug-related profits during the time that the patent is effective.

Question 19

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

Accepted Answer

The Food and Drug Administration (FDA) is responsible for ensuring the safety and efficacy of food, drugs, medical devices, and other products sold in the United States.

Question 20

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

Accepted Answer

A design defect is a flaw or error in the original design of a product that makes it dangerous or hazardous to use. This type of defect is different from a manufacturing defect, which occurs during the production process and affects only a small subset of products. A design defect can affect an entire product line and put consumers at risk. If a design defect causes injury to a consumer, the manufacturer may be held liable for damages.

Quiz 33: Product Liability