Question 1

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, not every conceivable misuse or no misuses at all. They cannot predict every possible way a product could be misused, but they should take reasonable steps to protect against misuse that they can reasonably anticipate. Taking precautions against obvious misuses may not be sufficient if there are other, less obvious ways the product could be misused.

Question 2

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 answer of Garage Magic, Inc., contracts for the sale...

Question 3

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 4

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

Both Hearth & Home and Inflame are involved in the production and sale of the stoves and fireplaces, so they both could be held strictly liable for any defects. However, since Inflame supplies the parts, they may have a greater degree of responsibility for ensuring that the parts are not defective. Therefore, both companies could potentially be held liable for any damages caused by defects in the parts.

Question 5

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 best defense for Temp-Set Corporation would be the knowledgeable user defense, which argues that Stan, as a professional air conditioning and heating technician, should have been aware of the dangers of working with electrical equipment and therefore assumed the risk.

Question 6

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 7

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 individual was aware of the risk involved and voluntarily chose to take it anyways. In this case, since Dirk continued to ride the bike despite knowing the brakes were malfunctioning, he assumed the risk of any accidents or injuries that may result from this decision.

Question 8

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 considers an available alternative design based on its effect on the product. The alternative design must be able to make the product safer and reduce or eliminate the risk of injury or harm. Popularity among industrial designers, attractiveness to consumers, and commonality of use may be relevant factors, but they are not the primary consideration in determining liability for a design defect.

Question 9

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 may consider the obvious risks of the product in deciding whether to hold Safe-Rite liable for a warning defect. This would mean whether Safe-Rite had adequately warned consumers of the obvious risks associated with using their electrical cords and connectors for electronic devices. The court may not consider consumers' or the plaintiff's failure to read warnings as it is the manufacturer's responsibility to provide adequate warnings for the product. The court will also not consider the risks of other products as it is not relevant to the case.

Question 10

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

In this scenario, Girder can most successfully raise the defense of comparative negligence, as Frieda was not wearing any safety gear at the time of the accident. Comparative negligence means that the plaintiff is partially responsible for their own injuries because they failed to take reasonable care for their own safety. Since Frieda was not wearing appropriate safety gear, Girder can argue that she is partially at fault for her own injuries. This may result in a reduction of damages awarded to Frieda.

Question 11

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...

Question 12

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 legal doctrine that federal law preempts, or overrides, state law. In the context of medical devices, preemption means that if a device has undergone the rigorous premarket approval process required by the Food and Drug Administration (FDA), state law claims alleging injury from the device are preempted. This means that the device manufacturer cannot be held liable for damages caused by the device if it has complied with all applicable federal regulations. Therefore, this defense is the most successful one that Therapeutic Corporation can raise in a product liability suit.

Quiz 5: Product Liability

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

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

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

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

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