Exam 10: Product Liability.

A statute of __________ prevents recovery for product injuries by limiting the time period for recovery from the date when the injury occurred.

What are the four basic parts of the rationale for strict product liability?

The main question for the U.S.Supreme Court in CASE 10.4 Mutual Pharmaceutical Co.,Inc.v.Bartlett (2013)was whether:

The European Union applies strict liability to services.

Product liability is the legal liability manufacturers and sellers have for defective products that cause injury to purchasers,users,bystanders,or their property.

ABC Company manufactures a contraption meant to enable a rider to fly behind a ski boat.After a few months,ABC begins to hear of injuries when riders crash into water or boats.In hopes of escaping liability,the president of ABC Company decides to discontinue business and sell all assets to XYZ Company.The president of XYZ Company is excited to purchase the assets at a bargain price and help ABC avoid liability based upon the assertion of the president of ABC that XYZ cannot legally be held liable for the flying accidents.Which of the following is true in a majority of states applying the traditional successor liability rule?

The assumption of risk doctrine makes the manufacturer liable for a resulting injury.

Which of the following products has traditionally been viewed as "unavoidably unsafe" by the courts?

Fact Pattern 10-1 Polly buys a new iron and uses it for a few months without incident. She was surprised, however, when one day the iron gave her a significant shock. She suffered no lasting damages, but did have some pain from the incident. A few weeks later she read in the newspaper that the manufacturer had known for over a year about the iron's propensity to shock users, but had refused to take recall measures. She also read that some users had been severely shocked. Polly was outraged but wondered if she could sue because she really did not have significant injuries. -Refer to Fact Pattern 10-1.Which of the following would be an advantageous type of action with which Polly should become associated?

The Restatement (Third)requires that any claim of design defect be supported by a showing of a reasonable alternative design.

Under what circumstances will a successor corporation be held liable in a product liability action under the traditional successor liability rule?

Sally purchased a used toaster at a yard sale.The seller told Sally that although the toaster was over ten years old,she had not had any problems with it.Sally takes the toaster home and uses if for a few months.One day,however,as Sally was using the toaster,it malfunctioned and caused a small fire in Sally's kitchen along with significant smoke damage.Sally decides that she wants to sue the manufacturer of the toaster and that she is going to do so within one month of the fire.What would likely be the manufacturer's best defense in a strict liability in tort action brought by Sally?

Under federal law,manufacturers,but not sellers,may be held strictly liable for a defective product.

The preemption defense involves certain __________,which set minimum safety standards for products.

Which of the following is NOT a rationale of strict product liability?

Set forth the elements of a strict liability claim.

In 1963,the state of __________ became the first state to adopt the __________ theory,after the state supreme court decided the __________ case.

Under the preemption defense,certain federal laws and regulations that set minimum safety standards are held to preempt state-law product liability claims.

Which state court was the first to adopt the doctrine of strict product liability?

A court might consider a product to be unreasonably dangerous if: