Question 1

A defect in manufacture occurs when a manufacturer fails to ________.

Accepted Answer

A defect in manufacture specifically refers to a problem that occurs during the manufacturing process, such as a mistake in quality control or assembly. Failing to adequately check the quality of a product falls under this category, while the other choices relate to design or marketing issues.

Question 2

Manufacturers and sellers have a duty to warn consumers about risks and side effects of products that could pose danger.

Accepted Answer

This is known as the duty to warn doctrine, which holds that manufacturers and sellers must provide adequate warnings and instructions about potential risks associated with their products. This is to ensure that consumers are aware of any potential dangers and can make informed decisions about using the product.

Question 3

Failure to properly assemble a product constitutes a defect in design by the manufacturer.

Accepted Answer

Failure to properly assemble a product is a result of human error and does not necessarily constitute a defect in design by the manufacturer. It is the responsibility of the consumer or installer to follow instructions and properly assemble the product.

Question 4

________ refers to a defect that occurs when a manufacturer does not place information about the dangers of using a product on its packaging, causing injury if the dangers are unknown.

Accepted Answer

Failure to warn refers to a defect that occurs when a manufacturer does not place information about the dangers of using a product on its packaging, causing injury if the dangers are unknown. This can occur even if the product is otherwise properly designed and manufactured.

Question 5

A defect in manufacture occurs when the manufacturer fails to warn customers about the dangerous propensities of its products.

Accepted Answer

A defect in manufacture occurs when there is a flaw or error in the production process, resulting in a product that is not made to the intended design specifications. Failing to warn customers about the dangerous propensities of a product would fall under a failure to warn or design defect, not a defect in manufacture.

Question 6

Spring Stream sells bottled water that it claims contains vital minerals and salts not found in rival brands. The company also claims that using tamperproof seals on the bottles would minimize the health benefits of the water. As a result, some merchants refill the used water bottles with contaminated water and resell them. People who drink the water suffer from various water-borne diseases. Which of the following forms the grounds on which affected customers can bring a strict liability lawsuit against Spring Stream?

Accepted Answer

The defect in the packaging, specifically the lack of tamperproof seals, allows for the bottles to be refilled with contaminated water, leading to consumer harm.

Question 7

Which of the following statements is true when there is a defect in design of a product?

Accepted Answer

A defect in design implies that the flaw is inherent in the design itself, affecting all products made to that design, rather than a single item or a failure related to instructions or warnings.

Question 8

When the containers of a product are not tamperproof, it is termed as a ________.

Accepted Answer

When the containers of a product are not tamperproof, it is a defect in packaging. Tamperproof packaging is important in ensuring the safety of the product and consumers, and a failure to provide it can lead to product tampering and harm to consumers.

Question 9

When a drug manufacturer places prescription drugs in containers that can be easily opened by children, the manufacturer can be subjected to strict liability action due to defect in packaging.

Accepted Answer

Drug manufacturers have a legal duty to ensure that their products are reasonably safe for use, and this includes appropriate packaging. If a manufacturer places prescription drugs in containers that can be easily opened by children, they may be held strictly liable for any harm that results from this defect in packaging. This means that the manufacturer can be held responsible for any injuries or illnesses that a child suffers as a result of accessing and consuming the medication.

Question 10

________ is a doctrine that says automobile manufacturers are under a duty to design automobiles by taking into account the possibility of harm from a person's body striking something inside the automobile in the case of a car crash.

Accepted Answer

Crashworthiness is the doctrine that imposes a duty on automobile manufacturers to design vehicles that are reasonably safe in the event of a car crash. This includes designing vehicles that can protect passengers from harm caused by the impact of their bodies with parts of the vehicle's interior in the event of a crash.

Question 11

Courts can apply a consumer expectation test to evaluate the adequacy of a product's design.

Accepted Answer

The answer of Courts can apply a consumer expectation test...

Question 12

Kicker's Inc. has produced a new kind of candy bar, but it fails to mention on the packaging that the bar contains gluten and nuts. Consequently, many consumers who eat the bars suffer from severe allergic reactions. Which of the following can the injured customers cite as a defect in a strict liability lawsuit against Kicker's?

Accepted Answer

The injured customers can cite failure to warn as a defect in a strict liability lawsuit against Kicker's since the packaging did not mention the presence of gluten and nuts in the candy bar.

Question 13

A tamperproof seal on a product is considered as a defect in packaging.

Accepted Answer

A tamperproof seal on a product is actually a desirable feature in packaging as it ensures the safety and quality of the product.

Question 14

What is the purpose of the crashworthiness doctrine?

Accepted Answer

The answer of What is the purpose of the crashworthiness...

Question 15

Dorothy purchases a chair made by Woode Designs Inc. While making the chair, the legs were not fixed properly to the base. When Dorothy sat on the chair, it broke and she was injured. In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair?

Accepted Answer

Dorothy can cite a defect in manufacture, as the legs were not fixed properly to the base, leading to the chair breaking and causing injury. This falls under the category of a manufacturing defect, which is a type of strict liability claim. The other options (A, B, and C) are not applicable in this scenario, as they do not relate to the specific defect that led to the injury.

Question 16

Clayton Inc. is a toy manufacturer that has released a new line of action figures. The toys are meant for children between the ages of one and two. However, they come with tiny detachable weapons that can be accidentally swallowed by children of that age. Which of the following defects do the action figures have that will make them strictly liable for any injuries caused?

Accepted Answer

The action figures have a defect in design because they come with detachable weapons that can be easily swallowed by children between the ages of one and two. This defect makes the product dangerous and unsuitable for children of that age, and therefore the manufacturer will be strictly liable for any injuries caused.

Question 17

Describe how courts can evaluate the adequacy of a product's design.

Accepted Answer

The answer of Describe how courts can evaluate the adequacy...

Question 18

A risk-utility analysis requires showing that a product is more dangerous than the ordinary consumer would expect.

Accepted Answer

A risk-utility analysis involves weighing the risks and benefits of a product to determine if it is reasonably safe for its intended use. It does not require showing that the product is more dangerous than the ordinary consumer would expect.

Question 19

A toy manufacturer sells G.I. Joe figurines containing detachable limbs and weapons that could be swallowed by small children. It can be subject to a strict liability action owing to a defect in design.

Accepted Answer

The manufacturer can be subjected to strict liability as the design of the toy contains a defect that can cause harm to the children who play with it.

Question 20

Michael wanted to build a small princess castle for his daughter in the backyard. He decided to turn it into a do-it-yourself project, so he bought the disassembled parts of the castle from Big Ben Forts Inc. However, after the purchase, he found that the manual provided by the company gave vague directions that were hard to understand. He built the castle by following the manual, but after a few days the castle collapsed and injured his daughter who was playing inside. Which of the following actions can Michael take in this situation?

Accepted Answer

Michael can file a strict liability lawsuit against Big Ben Forts for failure to provide adequate instructions on assembling the product. The vague directions in the manual that caused the collapse of the castle and injured his daughter could be considered a defect, and Big Ben Forts could be held strictly liable for the harm caused. Filing a negligence lawsuit against the store where he bought the castle or suing Big Ben Forts for defects in packaging would likely not lead to a successful outcome, as they are not directly related to the harm caused. A strict liability lawsuit for failure to warn about the possible dangers of the product could also be an option, but given the vague directions in the manual, failure to provide adequate instructions is a more fitting claim.

Quiz 6: Product and Strict Liability