Exam 6: Product and Strict Liability

________ refers to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.

Under the defense of contributory negligence, if Mary is partially responsible for her injuries, then she can recover partial damages from the defendant.

A man tries to swallow a pen as part of a circus act.The pen becomes lodged in his throat and he is taken to a hospital for immediate medical attention.The man sues the company that manufactured the pen.Which of the following would be the best defense for the pen manufacturer in this lawsuit?

Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular.The pacemaker is manufactured by Benford, Inc.In this case, Dr.DeBenedetto, the surgeon, is considered as the dominant element.Supposing that the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure?

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

The statute of repose begins to run when the plaintiff suffers injury.

Negligence requires the defendant to be at fault for causing the plaintiff's injuries.

________ refers to a statute that requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product.

Intentional misrepresentation occurs when a seller or lessor conceals a defect in a product.

Intentional misrepresentation occurs when a seller or lessor ________.

If the statute of limitations for strict liability for a particular state is two years and a plaintiff brings a product liability suit to court three years after the injury, the defendant is relieved of liability.

Manufacturers and others in the chain of distribution are not strictly liable for failure to provide adequate instructions on assembly and use of a product.

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

________ is a defect that occurs when a manufacturer does not provide detailed directions for safe assembly and use of a product.

Casual sales and transactions are not covered under the strict liability doctrine.

The term ________ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant.

Bertha, a surgeon, performed a kidney transplant on one of her patients.The surgery was not successful and the patient did not survive.Which of the following statements is true in this case?

________ refers to an alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability.

Which of the following statements is true about strict liability?

Under the doctrine of strict liability, bystanders who are injured by a defective product are entitled to the same protection as the consumers or users.