Question 1

A court might consider a product to be unreasonably dangerous if:

Accepted Answer

A court might consider a product to be unreasonably dangerous if a less-dangerous alternative was commercially feasible but was not produced, as the manufacturer had a duty to manufacture and distribute products that are as safe as possible for consumers.

Question 2

In 1963,the state of __________ became the first state to adopt the __________ theory,after the state supreme court decided the Greenman v.Yuba Power Products case.

Accepted Answer

The question mentions that the state supreme court decided the Greenman v.Yuba Power Products case, which is a landmark case that established the doctrine of strict product liability. This case was decided in California in 1963, making option A the correct answer. Option B is incorrect because it mentions "product negligence," which is not a recognized legal theory. Option C is incorrect because it mentions New York, which did not become the first state to adopt strict liability. Option D is incorrect because it mentions Florida, which also did not adopt strict liability as the first state.

Question 3

Glade recently went to see an ophthalmologist for severe glaucoma.The doctor stated that Glade's vision was in danger and prescribed Seerite made by Drugco.Seerite was the newest and most promising treatment for glaucoma that exists.The product literature stated,"When used as directed,Seerite is 100% safe and effective for glaucoma." After reading this literature,Glade put it in the trash.Glade's examination of the pamphlet had overlooked a small statement on the back that read "Warning: In 2% of the population this product may produce uncontrollable weight gain." Three weeks after using Seerite,Glade had gained 50 pounds and continued to gain weight rapidly.Glade has stopped using Seerite but cannot lose the weight,which has created a separate health risk.Is Seerite a defectively designed drug? What defenses would be available to Drugco against this claim? Is there any other theory under strict product liability law that Glade may use to recover against Drugco? Discuss fully.

Accepted Answer

The answer of Glade recently went to see an ophthalmologist...

Question 4

Perhaps the most significant and controversial of the defenses to product liability is the preemption defense,according to which the Supreme Court explained in Mutual Pharmaceutical Co.v.Bartlett the Supremacy Clause makes federal law preemptive.Therefore,state laws:

Accepted Answer

The preemption defense means that if a state law conflicts with federal law, the federal law takes precedence, and the state law is "without effect." In Mutual Pharmaceutical Co. v. Bartlett, the Supreme Court made it clear that federal law preempted state law in the case of product liability for pharmaceuticals. Therefore, choice D is the correct answer.

Question 5

A __________ defect occurs when,even though the product is manufactured according to specifications,it is unreasonably dangerous to users.

Accepted Answer

A design defect is a flaw in the original blueprint or design of a product that makes it unreasonably dangerous to users, even if the product is manufactured according to specifications. This differs from a manufacturing defect, which occurs during the production process, and a contractor's defect, which occurs when a contractor does not follow specifications. State of the art refers to the level of technology or knowledge available at the time of production, and is not directly related to defects.

Question 6

Explain what a manufacturer of products under contract to the government must show in order to avoid product liability based on the government-contractor defense along with the rationale for the government-contractor defense.

Accepted Answer

The answer of Explain what a manufacturer of products under...

Question 7

The FDA requires that manufacturers provide full labeling in __________ for nonprescription drugs sold in the United States mainland.

Accepted Answer

The FDA requires that manufacturers provide full labeling in English only for nonprescription drugs sold in the United States mainland.

Question 8

Although disclaimers of liability are generally ineffective,parties in the chain of distribution should enter into contracts that _____ for defects caused by other members of the distribution chain.

Accepted Answer

The best choice is to give parties in the chain of distribution the right to indemnity, which means the right to be reimbursed for any losses or damages caused by another member of the distribution chain. This allows each party to protect themselves against potential liabilities and ensures that responsibility for defects is allocated appropriately. Placing the entire assumption of risk upon buyers (A) is not fair or reasonable, and failure to warn (B) is not a sufficient solution in itself. Invoking the statute of limitations (C) is also not a substitute for contractual indemnification.

Question 9

A few years ago Bennie purchased some medication through a veterinarian for an aging pet iguana,Scales,who had a skin disease.Scales died a few months after beginning the medication.At the time of the death,Bennie thought that Scales had died of natural causes.Bennie later read in the newspaper that a number of reptilian-type animals had been harmed by the drug Scales ingested.Immediately Bennie talked to Scale's veterinarian who admitted the medication was most likely harmful to Scales,it was manufactured by a number of different manufacturers,and there is no way to determine the exact manufacturer of the medication given to Scales.Which of the following is Bennie's best chance at recovery?

Accepted Answer

Market-share liability allows a plaintiff to recover damages based on the proportion of the market share held by each manufacturer when the specific manufacturer of a harmful product cannot be identified. This is applicable in Bennie's situation where the exact manufacturer of the medication cannot be determined.

Question 10

Courts examining the issue have reached varying results regarding whether computer software is a product subject to state product liability law.In which of the following situations have courts ruled it subject to liability law?

Accepted Answer

Courts have ruled that software causing physical damage to a computer and loss of its use can be subject to product liability law, as it involves tangible harm.

Question 11

Scuba manufacturer designs and sells the best scuba gear on the market.All industry and governmental standards are met,and there is no better technologically feasible design than that used by the manufacturer.There had been no previous problems with the gear,but on one unfortunate day,the breathing apparatus on a unit malfunctioned,resulting in a diver needing medical care.Assuming recognition in the jurisdiction involved,which of the following is the best defense to a lawsuit alleging a design defect brought by the diver?

Accepted Answer

The state-of-the-art defense states that there is no better technologically feasible design than the one used by the manufacturer. This defense can be used to argue that the manufacturer took all reasonable steps to ensure the safety of their equipment and that any malfunction was not due to a design defect.

Question 12

If the societal value of an inherently dangerous product outweighs the risk of harm from its use,it is known as a(n)__________ product.

Accepted Answer

An unavoidably unsafe product is one that is inherently dangerous but also provides significant benefits to society, such as life-saving drugs or medical devices. The law recognizes that these products cannot be made completely safe and therefore provides immunity from certain types of lawsuits as long as the product is properly designed, manufactured, and labeled with appropriate warnings.

Question 13

CASE 10.2 Branham v.Ford Motor Co.(2010)was reversed and remanded for a new trial,with plaintiff ordered to prove the __________ approach,after the court adopted the __________ regarding defective product claims.

Accepted Answer

The case was reversed and remanded for a new trial, with plaintiff ordered to prove the reasonable alternative design approach, after the court adopted the Restatement (Third) regarding defective product claims.

Question 14

The PLIVA,Inc.v.Mensing case involved the issue of whether the federal law requirement that generic drugs must bear the same FDA-approved labels as their brand-name counterparts preempts state law claims for failure to warn.What was the holding by the U.S.Supreme Court?

Accepted Answer

The U.S. Supreme Court held that federal law preempts state law claims for failure to warn in generic drug cases. This means that state law claims cannot impose different labeling requirements on generic drugs than those required by federal law.

Question 15

Which of the following provides some protection to defendants in that they establish a rebuttable presumption about how long consumers can continue to safely use a product?

Accepted Answer

Useful life statutes establish a rebuttable presumption about how long consumers can safely use a product, which can provide some protection to defendants. This presumption can be used to counter claims that a product caused harm after its expected useful life has expired.

Question 16

CASE 10.3 Savage Arms,Inc.v.Western Auto Supply Co.(2001)addressed the issue of whether a company be held liable for personal injury caused by a defect in the product purchased as assets as part of another company.How did the court rule?

Accepted Answer

The court ruled that the case be remanded for a determination of whether the acquisition of assets met the requirements for either the "mere continuation" or "continuity of enterprise" theory of successor liability.

Question 17

ABC Company manufactures a contraption meant to enable a rider to fly behind a ski boat.After a few months,ABC begins to hear of injuries when riders crash into water or boats.In hopes of escaping liability,the president of ABC Company decides to discontinue business and sell all assets to XYZ Company.The president of XYZ Company is excited to purchase the assets at a bargain price and help ABC avoid liability based upon the assertion of the president of ABC that XYZ cannot legally be held liable for the flying accidents.Which of the following is true in a majority of states applying the traditional successor liability rule?

Accepted Answer

In the majority of states applying the traditional successor liability rule, if a company acquires the assets of another company and there is evidence that the transaction was entered into wrongfully in order to escape liability for the predecessor's debts, the successor company may be held liable for those debts. In this case, ABC Company was aware of the injuries caused by its product, yet instead of taking responsibility for the harm caused, it decided to sell its assets to XYZ Company at a bargain price. This may be seen as an attempt by ABC to escape liability, which could result in XYZ being held liable for the injuries caused by the contraption. Therefore, choice D is the best answer.

Question 18

Sal purchased a used toaster at a yard sale.The seller told Sal that although the toaster was more than 10 years old,she had not had any problems with it.Sal takes the toaster home and uses it for a few months.One day,however,as Sal was using the toaster,it malfunctioned and caused a small fire in Sal's kitchen along with significant smoke damage.Sal decides to sue the manufacturer of the toaster and will do so within one month of the fire.What would likely be the manufacturer's best defense in a strict liability in tort action brought by Sal?

Accepted Answer

The manufacturer's best defense in a strict liability in tort action brought by Sal would be the statute of repose. The statute of repose limits the time within which a lawsuit may be brought based on when the product was first sold, regardless of when the injury occurred. In this case, if the toaster was more than 10 years old when Sal bought it, then the statute of repose may have expired and the manufacturer may not be liable.

Question 19

Under the __________ defense,a manufacturer is not liable to a sophisticated user of its product for failure to warn of a risk,harm,or danger if the sophisticated user knew or should have known of the risk,harm,or danger.

Accepted Answer

The sophisticated user defense means that a manufacturer is not liable for failure to warn a sophisticated user (someone with expertise in the relevant field) of a risk, harm or danger if the user knew or should have known of the risk. Therefore, the best choice is C. Options A, B, and D are not related to the concept of liability to sophisticated users.

Question 20

Under what circumstances will a successor corporation be held liable in a product liability action under the traditional successor liability rule?

Accepted Answer

The answer of Under what circumstances will a successor corporation...

Quiz 10: Product-Liability

A court might consider a product to be unreasonably dangerous if:

In 1963,the state of became the first state to adopt the theory,after the state supreme court decided the Greenman v.Yuba Power Products case.

Perhaps the most significant and controversial of the defenses to product liability is the preemption defense,according to which the Supreme Court explained in Mutual Pharmaceutical Co.v.Bartlett the Supremacy Clause makes federal law preemptive.Therefore,state laws:

A __________ defect occurs when,even though the product is manufactured according to specifications,it is unreasonably dangerous to users.

Explain what a manufacturer of products under contract to the government must show in order to avoid product liability based on the government-contractor defense along with the rationale for the government-contractor defense.

The FDA requires that manufacturers provide full labeling in __________ for nonprescription drugs sold in the United States mainland.

Although disclaimers of liability are generally ineffective,parties in the chain of distribution should enter into contracts that _____ for defects caused by other members of the distribution chain.

Courts examining the issue have reached varying results regarding whether computer software is a product subject to state product liability law.In which of the following situations have courts ruled it subject to liability law?

If the societal value of an inherently dangerous product outweighs the risk of harm from its use,it is known as a(n) __________ product.

CASE 10.2 Branham v.Ford Motor Co.(2010) was reversed and remanded for a new trial,with plaintiff ordered to prove the approach,after the court adopted the regarding defective product claims.

The PLIVA,Inc.v.Mensing case involved the issue of whether the federal law requirement that generic drugs must bear the same FDA-approved labels as their brand-name counterparts preempts state law claims for failure to warn.What was the holding by the U.S.Supreme Court?

Which of the following provides some protection to defendants in that they establish a rebuttable presumption about how long consumers can continue to safely use a product?

CASE 10.3 Savage Arms,Inc.v.Western Auto Supply Co.(2001) addressed the issue of whether a company be held liable for personal injury caused by a defect in the product purchased as assets as part of another company.How did the court rule?

Under the __________ defense,a manufacturer is not liable to a sophisticated user of its product for failure to warn of a risk,harm,or danger if the sophisticated user knew or should have known of the risk,harm,or danger.

Under what circumstances will a successor corporation be held liable in a product liability action under the traditional successor liability rule?

Quiz 10: Product-Liability

A court might consider a product to be unreasonably dangerous if:

In 1963,the state of __________ became the first state to adopt the __________ theory,after the state supreme court decided the Greenman v.Yuba Power Products case.

Perhaps the most significant and controversial of the defenses to product liability is the preemption defense,according to which the Supreme Court explained in Mutual Pharmaceutical Co.v.Bartlett the Supremacy Clause makes federal law preemptive.Therefore,state laws:

A __________ defect occurs when,even though the product is manufactured according to specifications,it is unreasonably dangerous to users.

Explain what a manufacturer of products under contract to the government must show in order to avoid product liability based on the government-contractor defense along with the rationale for the government-contractor defense.

The FDA requires that manufacturers provide full labeling in __________ for nonprescription drugs sold in the United States mainland.

Although disclaimers of liability are generally ineffective,parties in the chain of distribution should enter into contracts that _____ for defects caused by other members of the distribution chain.

Courts examining the issue have reached varying results regarding whether computer software is a product subject to state product liability law.In which of the following situations have courts ruled it subject to liability law?

If the societal value of an inherently dangerous product outweighs the risk of harm from its use,it is known as a(n) __________ product.

CASE 10.2 Branham v.Ford Motor Co.(2010) was reversed and remanded for a new trial,with plaintiff ordered to prove the __________ approach,after the court adopted the __________ regarding defective product claims.

The PLIVA,Inc.v.Mensing case involved the issue of whether the federal law requirement that generic drugs must bear the same FDA-approved labels as their brand-name counterparts preempts state law claims for failure to warn.What was the holding by the U.S.Supreme Court?

Which of the following provides some protection to defendants in that they establish a rebuttable presumption about how long consumers can continue to safely use a product?

CASE 10.3 Savage Arms,Inc.v.Western Auto Supply Co.(2001) addressed the issue of whether a company be held liable for personal injury caused by a defect in the product purchased as assets as part of another company.How did the court rule?

Under the __________ defense,a manufacturer is not liable to a sophisticated user of its product for failure to warn of a risk,harm,or danger if the sophisticated user knew or should have known of the risk,harm,or danger.

Under what circumstances will a successor corporation be held liable in a product liability action under the traditional successor liability rule?

In 1963,the state of became the first state to adopt the theory,after the state supreme court decided the Greenman v.Yuba Power Products case.

CASE 10.2 Branham v.Ford Motor Co.(2010) was reversed and remanded for a new trial,with plaintiff ordered to prove the approach,after the court adopted the regarding defective product claims.