Question 1

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 applies in a situation where the plaintiff (in this case, Ned) was aware of the danger involved in operating the truck with malfunctioning brakes, and continued to do so anyway. Thus, Overland may argue that Ned assumed the risk of harm by continuing to operate the truck despite the known danger.

Question 2

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 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

Product liability holds companies responsible for defects in their products or failures to provide adequate warnings or instructions. An ineffective marketing plan does not fall under product liability.

Question 4

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 5

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

If the tiles were in a defective condition, meaning there was a flaw or issue with their manufacture or design, and this defect was the proximate cause (direct cause) of the damage in the oven, then Ceramics may be liable for the damage. If the tiles were in good condition at the time of sale but became damaged through use, or if they were substantially changed after their sale (such as being modified by Dura-mold), Ceramics would not be liable.

Question 6

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 whether to hold the maker liable for a design defect. This means that the court will consider whether the product was reasonably safe for its intended use and whether the design defect caused the plaintiff's injuries. The other options, such as Wideload's assumptions, intentions, or the identity of its owner, are not relevant factors in determining product liability for a design defect.

Question 7

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, Eco is most likely liable for fraud. Misrepresentation means making false statements or concealing facts with the intention of deceiving the buyer. If Eco knowingly made false statements or concealed facts regarding the espresso machine's safety or quality, then they can be held liable for fraud.

Question 8

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 had a duty to warn of those risks. The other options are not relevant to the determination of a warning defect in this case.

Question 9

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 the available alternative design based on its effect on the product. This means whether the alternative design would make the product safer or eliminate the alleged design defect. Popularity among industrial designers, attractiveness to consumers, and commonality of use may not necessarily address the issue of design defect and do not determine liability in product liability suits.

Question 10

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

Bram must show that he suffered damage caused by the defect in the product. The other options are not necessary elements for Bram to win the product liability case based on negligence.

Question 11

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

Do-It-Rite Corporation, like other sellers, is required to take precautions against only foreseeable misuses of its products, as it is not reasonable or feasible to anticipate and guard against every possible misuse.

Question 12

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 strictly liable for any damage caused by defects in the parts purchased and installed by Hearth. Hearth is liable because it installed the defective parts, and Inflame is liable because it sold the defective parts to Hearth.

Quiz 7: Strict Liability and Product Liability

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​

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​

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​

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​

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​

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​

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​

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​

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

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

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

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

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

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

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

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

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