Question 1

Therapeutic Corporation makes medical devices that are subject to extensive government regulation and undergo a rigorous premarket approval process. In a product liability suit against Therapeutic by a party allegedly injured by one of the devices,the company can most successfully raise the defense of

Accepted Answer

Preemption is the most successful defense for a company in a product liability suit involving medical devices that are subject to extensive government regulation and undergo a rigorous premarket approval process. This defense argues that the federal regulations preempt any state laws that hold the company liable for an alleged defect in the device. In other words, if the company has complied with federal regulations and obtained premarket approval, it cannot be held liable under state law.

Question 2

To assemble and sell stoves and fireplaces,Hearth & Home,Inc.,buys igniters,tubing,and other parts from Inflame Stove & Fireplace Parts and installs them without changing them. If the parts are defective,strictly liable for any damage caused by the defects

Accepted Answer

Hearth & Home and Inflame are both involved in the production and sale of the stoves and fireplaces, and thus they would both bear responsibility for any defects in the parts used.

Question 3

Safe-Rite Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-Rite,alleg-ing a warning defect. In deciding whether to hold Safe-Rite liable,the court may consider

Accepted Answer

The court is likely to consider the obvious risks of the product in question when deciding whether to hold Safe-Rite liable for a warning defect. This means that the court will assess whether the potential dangers associated with Safe-Rite's product were readily apparent to the user and whether the warnings provided were adequate in addressing those risks. The court is less likely to take into account general or specific failures on the part of the consumer to read the warnings, as this is not necessarily relevant to whether the warnings were defective. Likewise, the risks of other products are not likely to be a significant factor in this case, as the focus is on the specific product that caused the harm.

Question 4

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 5

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 6

Stan,an air conditioning and heating technician,files a suit against Temp-Set Corporation,alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock. Temp-Set's best defense is most likely

Accepted Answer

The answer of Stan,an air conditioning and heating technician,files a...

Question 7

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 will consider the effect of the alternative design on the product, including whether it would eliminate or reduce the risk of harm to consumers. This is the most relevant factor in determining liability for a design defect. Popularity among designers, attractiveness to consumers, and commonality of use may also be relevant, but they are not the primary considerations.

Question 8

The brakes on Dirk's Tour de Valle bicycle malfunction,but he continues to ride it because he likes the thrill of the unstoppable acceleration. One night,enjoying a fast downhill pace,he speeds through a stop sign and is struck by a truck. In Dirk's suit against Tour de Valle,the bike maker can raise the defense of

Accepted Answer

Assumption of risk means that the plaintiff voluntarily and knowingly assumed the risks of a dangerous activity, in this case, riding a bike with known brake malfunctions. Dirk continued to ride the bike despite being aware of the potential danger, so the bike maker can argue that he assumed the risks and therefore cannot hold them responsible for his injuries.

Question 9

In making and marketing tools and other do-it-yourself home maintenance products,Do-It-Rite Corporation,like other sellers,is required to take precautions against

Accepted Answer

Do-It-Rite Corporation is required to take precautions against only foreseeable misuses of a product, which are those misuses that are reasonably predictable based on the product's design and intended use. They are not expected to anticipate every conceivable misuse of a product, but they must take reasonable steps to minimize the risk of harm from foreseeable misuses.

Question 10

Rose,who is obese,files a product liability suit against Burger Meal Corporation (BMC),alleging that BMC's food is unhealthy because,as Rose knows,it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of

Accepted Answer

The answer of Rose,who is obese,files a product liability suit...

Question 11

Garage Magic,Inc.,contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores. Ian buys one of openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Magic,Ian must file a suit within four years of

Accepted Answer

The applicable statute of limitations prescribes a period of four years. Therefore, Ian must file a suit within four years of discovering an injury caused by the opener. This option aligns with the statute of limitations and the time frame within which Ian must file the suit. Options B, C, and D are not relevant to the statute of limitations for product liability claims.

Question 12

Frieda is working on a construction site when she is injured on the job in the collapse of a Girder Company-made ceiling beam. At the time,Frieda is not wearing a hard hat or any other safety gear. In Frieda's product liability suit against Girder,the company can most successfully raise the defense of

Accepted Answer

Comparative negligence is a defense used in product liability cases where the plaintiff's own negligence contributed to their injury. In this case, Frieda was not wearing any safety gear, which could be seen as negligence on her part. Therefore, Girder Company could raise the defense of comparative negligence to argue that Frieda's failure to use appropriate safety gear was a contributing factor to her injury.

Quiz 5: Product Liability

To assemble and sell stoves and fireplaces,Hearth & Home,Inc.,buys igniters,tubing,and other parts from Inflame Stove & Fireplace Parts and installs them without changing them. If the parts are defective,strictly liable for any damage caused by the defects

Safe-Rite Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-Rite,alleg-ing a warning defect. In deciding whether to hold Safe-Rite liable,the court may consider

Stan,an air conditioning and heating technician,files a suit against Temp-Set Corporation,alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock. Temp-Set's best defense is most likely

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

In making and marketing tools and other do-it-yourself home maintenance products,Do-It-Rite Corporation,like other sellers,is required to take precautions against

Rose,who is obese,files a product liability suit against Burger Meal Corporation (BMC) ,alleging that BMC's food is unhealthy because,as Rose knows,it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of