Exam 7: Strict Liability and Product Liability

Eco Products, Inc., makes espresso machines and sells one to Fresh Roast Café. Gus, a café' employee, is injured when the machine malfunctions. If the injury occurred as a result of a misrepresentation about the product, Eco is most likely liable for​

To make and sell fireplaces, Hearth, Inc., buys igniters, tubing, and other parts from Inflame Parts and installs them without modification. If the parts are defective, strictly liable for any damage caused by the defects​

Suppliers are generally required to expect reasonably foreseeable misuses of their products.​

To support the imposition of strict product liability, a product must be substantially changed from the time it is sold to the time an injury occurs.​

A manufacturing defect is a departure from a product unit's design specifications that results in products that are physically flawed.​

The dangers associated with using sharp knives are so commonly known that manufacturers need not warn users of those dangers.​

Arrow Corporation makes archery supplies. While using an Arrow bow, Balto is injured due to a defect in the bow that causes an arrow to misfire. Chu, another archer standing by, is also injured. In a product liability suit based on strict product liability, Arrow may be liable to​

To be liable for product liability, a seller must normally be engaged in the business of distributing the product that causes harm by its use.​

Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda beverage, which proves defective and injures her. One justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that​

To succeed in a product liability suit, an injured plaintiff must show that a product's defect was the proximate cause of the injury.​

Some courts consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action.​

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​

Sno Sports LLC makes and sells a snowboard to Toby. Sno Sports fails to exercise "due care" to make the board safe, and Toby is injured as a result. Sno Sports is most likely liable for​

Garden Tool Company makes chain saws. Hadrian is injured while using a Garden saw and sues the company for product liability based on negligence. To win, Hadrian must show that​

Island Breeze Company designs and makes desk, window, and ceiling fans. In a product liability suit based on negligence, Island Breeze could be liable for violating its duty of care with respect to all of the following except​

Under the doctrine of strict liability, liability is imposed only if a person fails to use reasonable care.​

Sal owns Reclamation & Restoration (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Ted, a spectator. Under the theory of strict liability, Sal must pay for Ted's injury​

SmartTalk, Inc., makes and markets cell phones and related accessories. When problems develop with SmartTalk products or sales, the company may be liable in product liability for any of the following except​

A product liability claim may be based on the tort theory of fraud.​

Government regulations can preempt claims for product liability.​