Exam 7: Strict Liability and Product Liability

Fit Corporation makes running shoes. Gaby, a marathoner, files a product liability suit against Fit, alleging a design defect. In deciding whether to hold the company liable, the court may consider an alternative design's

Bright n' Clean Company makes shampoo and other hair care products. Cub is injured by the use of a Bright n' Clean product and sues the company for product liability based on negligence. To win, Cub must show that

Steps & Rungs Inc. makes ladders. Ty discovers that his Steps & Rungs ladder is defective and sues the maker for product liability based on strict liability. To win, Ty must show that

Under the doctrine of strict liability, a defendant's liability depends on privity of contract.

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

Felice is injured when a can of Ground-Up explodes into flames. Herbicides Inc. manufactured the Ground-Up. Under product liability laws, Felice's options include

In a product liability suit based on a design defect, a manufacturer is liable only when the harm was not reasonably preventable.

Cultivator Inc. designs and makes tractors, balers, and other farm equipment. In a product liability suit based on negligence, Cultivator could be liable for failing to exercise due care with respect to all of the following except

Product misuse is recognized as a defense to a claim for product liability only when the particular misuse was reasonably foreseeable.

Some courts do not allow assumption of risk as a defense to a strict product liability claim because the theory focuses on the nature of a product, not the plaintiff's conduct.

Bounce Company makes trampolines and other gym equipment. Chet files a product liability suit against Bounce, alleging a warning defect in one of its products. In deciding whether to hold Bounce liable, the court may consider that a manufacturer has no duty to warn about risks that are

Liability is imposed on a manufacturer for a manufacturing defect only when the manufacturer's quality control efforts were "reasonable."

Sail-Away Corporation makes sailboards, which are distributed by Tropical Marketing Company to UV Sports Stores Inc., which sells them to consumers. Wen is injured while using a Sail-Away board that he bought from UV Sports. In a product liability suit based on strict liability, Wen may recover from

Sea Wind Corporation makes boats. Teresa files a product liability suit against Sea Wind, alleging a design defect. In deciding whether to hold the maker liable, the court may consider an alternative design's

Recharge Corporation makes batteries. Sol is injured when the Recharge battery in his phone bursts into flame. In Sol's product liability suit against the maker, alleging a design defect, the court may consider

Stents Inc. makes medical devices. Toni files a product liability suit against Stents, alleging a warning defect with respect to its device. In deciding whether to hold the maker liable, the court may consider whether

Bedding Plus Inc. makes a pillow that Comfort Stuff sells to Demi. Bedding fails to exercise "due care," and Demi is injured by toxic material used as fill in the pillow. Comfort Stuff is most likely liable for

Wild Life LLC keeps and displays domestic and wild animals in a rural setting for an interested public. Strict liability is imposed on this activity because

The explosive demolition of a rock formation by Mountain Blasters Inc. injures Noh, who is hiking on a nearby slope. Under the doctrine of strict liability, Mountain Blasters must pay for Noh's injury

A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.