Question 1

Dangers that were not known or not fully appreciated at the time the product was manufactured are known as ______________ and account for the largest dollar volume and greatest number of product liability cases.

Accepted Answer

The answer of Dangers that were not known or not...

Question 2

The amount of money involved in asbestos liability litigation is at least:

Accepted Answer

According to the RAND Institute for Civil Justice, as of 2011, the total amount spent on asbestos litigation in the United States was estimated to be over $100 billion.

Question 3

In which of the following cases discussed in the text was the manufacturer held liable based on failure to warn:

Accepted Answer

The manufacturer in case B was held liable based on failure to warn users of the potential damage to hearing from long-term exposure to gunfire.

Question 4

In Timpet Industries v.Gish,where Gish sued for design defect after he fell from the top rail of a trailer made by Timpet,the state supreme court held that:

Accepted Answer

The state supreme court held that Timpet was not liable, indicating that none of the other choices correctly describe the court's decision.

Question 5

If it is not clear who the actual manufacturer of a product is,plaintiffs:

Accepted Answer

If it is not clear who the actual manufacturer of a product is, plaintiffs may sue any or all of the manufacturers of a defective product. This is to ensure that the injured party has access to some form of compensation.

Question 6

In which of the following cases discussed in the text was the manufacturer held liable based on failure to warn:

Accepted Answer

The answer of In which of the following cases discussed...

Question 7

A manufacturer of a commercial french-frying machine was sued after someone using the machine reached in to retrieve an item that had fallen out of his shirt pocket.The plaintiff was seriously burned as a result.The appellate court upheld the trial court's decision that imposed liability on the manufacturer based on:

Accepted Answer

Based on the information provided, it appears that the plaintiff was injured as a result of a design defect in the french-fry machine. The fact that the plaintiff was able to reach into the machine to retrieve an item suggests that there was a flaw in the design that allowed someone to be able to reach into the machine while it was in operation. The manufacturer may have been held liable for failing to take reasonable steps to ensure that the machine was designed in a way that prevented such accidents from occurring.

Question 8

In which of the following cases discussed in the text was the manufacturer held liable based on failure to warn:

Accepted Answer

In this case, the manufacturer of diet food was held liable based on failure to warn about not using the adult diet food as baby food.

Question 9

Design defect cases focus on:

Accepted Answer

Design defect cases focus on whether an injury to users could have been prevented by designing the product differently. It is concerned with examining the design of the product and determining whether it was defective and unreasonably dangerous.

Question 10

When an injured party is allowed to sue all manufacturers of a defective product,so that all these manufacturers might be liable together,this is sometimes called:

Accepted Answer

The answer of When an injured party is allowed to...

Question 11

In which of the following cases discussed in the text was the manufacturer held liable based on failure to warn:

Accepted Answer

In the case of Johnson and Johnson, they were held liable for failure to warn users about the potential risk of liver damage from heavy drinking while using Tylenol frequently. The other choices do not involve such failure to warn.

Question 12

Unknown hazards are:

Accepted Answer

Unknown hazards are dangers that were not known or not fully appreciated at the time the product was manufactured.

Question 13

The most active area of strict liability litigation based on the concept of unknown hazards involves which product?

Accepted Answer

Asbestos is the most active area of strict liability litigation based on the concept of unknown hazards. This is because asbestos was widely used in construction and manufacturing throughout the 20th century, but its harmful health effects, such as the development of mesothelioma and other lung diseases, were not fully understood until many years later. As a result, people who were exposed to asbestos may have unknowingly been put at risk for developing these health issues, which has led to numerous lawsuits against manufacturers and other companies that used asbestos in their products.

Question 14

Unknown hazards products liability cases involve:

Accepted Answer

Unknown hazards in products liability cases refer to risks or dangers associated with a product that were not known or not fully understood at the time the product was sold. This category can encompass a wide range of products and scenarios, not limited to a small number, only asbestos cases, or cases predominantly involving the government as a defendant or plaintiff.

Question 15

Unknown hazards products liability cases involve:

Accepted Answer

Unknown hazards products liability cases involve products that are initially believed to be safe, but later found to have unforeseen dangers. These cases often involve large numbers of people and can result in significant damages, making them the largest dollar volume of products liability cases.

Question 16

In Timpet Industries v.Gish,where Gish sued for design defect after he fell from the top rail of a trailer made by Timpet,the state supreme court used a _____________ to determine whether the trailer design was defective by law.

Accepted Answer

The risk-utility factor test is commonly used by courts to determine whether a product's design is defective. This test evaluates whether the risk of harm from the product outweighs its utility, taking into account factors such as the likelihood and severity of harm, the feasibility of alternative designs, and the economic and social utility of the product.

Question 17

Dangers that were not known or not fully appreciated at the time the product was manufactured are known as ______________ and account for the largest dollar volume and greatest number of product liability cases.

Accepted Answer

Unknown hazards or latent defects refer to dangers that were not known or fully understood at the time a product was made or sold, and they are the most common reason for product liability cases.

Question 18

In which of the following cases was the manufacturer held liable based on design defect:

Accepted Answer

All three cases involve design defects that resulted in injuries to individuals. In each case, the court held the manufacturer liable for failing to design a safer product.

Question 19

Unknown hazards are:

Accepted Answer

Unknown hazards refer to dangers that were not known or could not have been known at the time of manufacture. This means they are not defects from the manufacturing process (A), not intentionally hidden defects (B), manufacturers can still be held liable under certain conditions (C), and not dangers the consumer was aware of (D).

Question 20

In Timpet Industries v.Gish,where Gish sued for design defect after he fell from the top rail of a trailer made by Timpet,the state supreme court held that:

Accepted Answer

The state supreme court held that Timpet was not liable because the alleged design defects did not render the trailer unreasonably dangerous. Therefore, they could not be held liable for Gish's injuries.

Quiz 7: Business Torts and Product Liability

Dangers that were not known or not fully appreciated at the time the product was manufactured are known as ______________ and account for the largest dollar volume and greatest number of product liability cases.

The amount of money involved in asbestos liability litigation is at least:

In which of the following cases discussed in the text was the manufacturer held liable based on failure to warn:

In Timpet Industries v.Gish,where Gish sued for design defect after he fell from the top rail of a trailer made by Timpet,the state supreme court held that:

If it is not clear who the actual manufacturer of a product is,plaintiffs:

In which of the following cases discussed in the text was the manufacturer held liable based on failure to warn:

In which of the following cases discussed in the text was the manufacturer held liable based on failure to warn:

Design defect cases focus on:

When an injured party is allowed to sue all manufacturers of a defective product,so that all these manufacturers might be liable together,this is sometimes called:

In which of the following cases discussed in the text was the manufacturer held liable based on failure to warn:

Unknown hazards are:

The most active area of strict liability litigation based on the concept of unknown hazards involves which product?

Unknown hazards products liability cases involve:

Unknown hazards products liability cases involve:

In Timpet Industries v.Gish,where Gish sued for design defect after he fell from the top rail of a trailer made by Timpet,the state supreme court used a _____________ to determine whether the trailer design was defective by law.

Dangers that were not known or not fully appreciated at the time the product was manufactured are known as ______________ and account for the largest dollar volume and greatest number of product liability cases.

In which of the following cases was the manufacturer held liable based on design defect:

Unknown hazards are:

In Timpet Industries v.Gish,where Gish sued for design defect after he fell from the top rail of a trailer made by Timpet,the state supreme court held that: