Deck 12: Product Liability

Question 1

If the seller of a product represents that a product can be used to fit the specific need of a consumer, an is created.

Answer 1

implied warranty of fitness for a particular purpose

Question 2

One area of products liability litigation that has been affected by the uncertainty in the preemption doctrine is litigation.

Answer 2

airbag

Question 3

Section 402A of the Restatement applies to but not to .

Answer 3

sales of products, provision of services

Question 4

Providing consumers with a description of a product is one way of creating a(n) warranty.

Question 5

Defendants who use a defense are arguing that a safer design was not possible at the time they manufactured the product in question.

Question 6

Causes of action based on breach of warranty are a combination of law and law.

Question 7

The diminution of the value of a product is referred to as .

Question 8

An implied warranty can be if a product is sold "as is."

Question 9

Under preemption, Congress explicitly states the extent to which its enactments preempt state law.

Question 10

The two types of implied preemption are and preemption.

Question 11

A warranties that a good is fit for the ordinary purpose for which such a good is used.

Question 12

The requirement, which requires the plaintiff to contract directly with the defendant manufacturer, has largely been abandoned.

Question 13

In determining whether a product is in a defective condition and unreasonably dangerous, some courts use the test in which they focus on the consumer, while other courts use the test in which they focus on the acts of the defendant.

Question 14

The theory has been used as the basis for suing cigarette manufacturers.

Question 15

Statutes that limit the time period during which a product liability suit can be brought are called .

Question 16

One of the most common of the so-called cases centers around the production of crashworthy vehicles. Two other types of design defects are and .

Question 17

A product that is considered is incapable of being made safe for its ordinary and intended use.

Question 18

A class action suit cannot be until plaintiffs prove there is a common issue of law or fact and provides adequate notice to potential members of the class.

Question 19

A state common law tort action cannot be brought if a federal statute expressly or impliedly such an action.

Question 20

In a design defect case that is based on a negligence standard, the key question is the , while in a case based on a strict liability standard, the key question is the .

Question 21

Manufacturers of component parts may be liable for their negligence but manufacturers who fail to use reasonable care in selecting component parts may not be held liable for their negligence.

Question 22

If a plaintiff is a user of a product rather than a purchaser, he or she cannot recover for breach of an express warranty.

Question 23

Implied warranties never apply to real estate transactions.

Question 24

A plaintiff must show he or she believed the seller's representations to be true if the plaintiff is to recover for breach of express warranty.

Question 25

Under the "sealed container" doctrine, retailers are relieved of liability if they sell a product in a sealed container.

Question 26

Design defect claims can based on either negligence or strict liability analysis.

Question 27

Retailers are under an obligation to inspect any goods they sell.

Question 28

The courts have generally found that automobile manufacturers are legally obligated to design "crashworthy" vehicles.

Question 29

A defendant who relies on a state-of-the-art defense will be absolved of liability if it can show that no reasonable alternative design existed at the time.

Question 30

The key issue in a design defect case based on strict liability is the reasonableness of the manufacturer.

Question 31

If the dangerousness of a product is obvious, the manufacturer will not be required to provide safety devices.

Question 32

When dealing with breach of warranties, plaintiffs usually look to tort law when the damages they sustain involve injury to person and property, and they look to contract law when their injuries are primarily economic in nature.

Question 33

In determining whether a manufacturer must provide a warning on a product, the courts consider only the likely number and severity of accidents that are likely to occur if such a warning is lacking.

Question 34

The courts clearly distinguish between economic loss and property damage.

Question 35

Manufacturing defects are restricted to man-made products.

Question 36

If a retailer learns of a defect in a product and fails to warn the consumer, many courts will absolve the manufacturer of liability.

Question 37

Plaintiffs in negligence cases typically have a hard time recovering for pure economic loss.

Question 38

Privity requirements are inapplicable in cases involving breach of implied warranties.

Question 39

The privity requirement, which is adhered to in most states today, prevents plaintiffs from suing manufacturers in most cases.

Question 40

Manufacturers are not to be the insurers of their products. Therefore, they are required to warn only of those dangers they knew of, or should have known of, at the time of sale of the product.

Question 41

Pure economic loss is generally not recoverable under strict liability.

Question 42

Contributory negligence, but not assumption of risk, is a defense to a strict liability cause of action.

Question 43

To disclaim a warranty, a seller is required only to use language that is conspicuous.

Question 44

The UCC severely limits what a plaintiff can recover for breach of warranty.

Question 45

Plaintiffs who are bystanders are not allowed to recover on the basis of strict liability.

Question 46

The statutes of limitations applicable to warranty cases are the same as those applicable to negligence cases.

Question 47

The fact that a defendant redesigned the product after the plaintiff's injury is generally inadmissible.

Question 48

Strict liability applies to anyone who sells goods except lessors of goods and sellers of real estate.

Question 49

The Supreme Court's rulings in Cipollone greatly clarified the preemption doctrine.

Question 50

The courts uniformly apply comparative negligence statutes to strict liability cases.

Question 51

Some feel that strict liability hampers manufacturers in their efforts to meet consumer needs.

Question 52

Section 402A of the Restatement applies to the provision of services but not sales of products.

Question 53

Federal preemption can be either implied or field preemption.

Question 54

When given a choice, it is always preferable to sue on the basis of strict liability rather than warranty because strict liability is easier to prove than breach of warranty.

Question 55

Under federal law, manufacturers who provide written warranties are precluded from disclaiming any implied warranties.

Question 56

A key inquiry in a strict liability case is determining whether a product is in a defective condition and unreasonably dangerous.

Question 57

A statute of repose begins to run at the time of the plaintiff's injury.

Question 58

Strictly speaking, the doctrine of res ipsa loquitur is inapplicable in strict liability cases, although some of the inferences under that doctrine are allowed to be made.

Question 59

Many courts have classified blood as an "unavoidably unsafe" product.

Question 60

Proving proximate cause was one of the key problems in the DES litigation.

Question 61

Today, airbag cases are fairly straightforward and easy to litigate.

Question 62

What are the three types of design defects?

Question 63

Class actions prevent plaintiffs with minimal recovery from being able to sue.

Question 64

What two defenses in addition to contributory negligence and assumption of risk can be raised in warranty cases?

Question 65

What is the difference between a design defect and a manufacturing defect?

Question 66

How might the defective warning theory be used in relationship to a drug that is determined to have potentially harmful side effects?

Question 67

Plaintiffs in airbag cases have to prove that the installation of airbags was economically and technologically feasible at the time the vehicle was manufactured.

Question 68

Fortunately for plaintiffs in airbag cases, they never have to show that the absence of an airbag enhanced their injuries.

Question 69

What is a state-of-the-art defense?

Question 70

Give two reasons that justify holding manufacturers strictly liable for defects in their products.

Question 71

Describe one way in which a seller of a product can make an express warranty.

Question 72

Why might a plaintiff opt for a warranty rather than a strict liability claim?

Question 73

What are four things a plaintiff must prove if he or she alleges strict liability under Section 402A of the Restatement?

Question 74

Give an example of an unavoidably unsafe product and explain why it might be classified that way.

Question 75

How does the preemption doctrine affect product liability litigation?

Question 76

Class actions help prevent the court system from being overloaded.

Question 77

Why is it important to distinguish between property damage and economic loss?

Question 78

Describe the two types of implied warranties.

Question 79

How was the market share liability theory used in Sindell v. Abbott Laboratories?