Exam 5: Product Liability

Rose,who is obese,files a product liability suit against Burger Meal Corporation (BMC),alleging that BMC's food is unhealthy because,as Rose knows,it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of

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

Brandname Parts,Inc.,makes and sells parts for the repair of major appliances. Clarice suffers a loss when a defective Brandname part in her freezer fails to keep the contents fresh. A statute restricts the time within which Clarice may file a product liability suit once she has discovered or should have discovered the damage. This is a statute of

To assemble and sell stoves and fireplaces,Hearth & Home,Inc.,buys igniters,tubing,and other parts from Inflame Stove & Fireplace Parts and installs them without changing them. If the parts are defective,strictly liable for any damage caused by the defects

A manufacturer's duty of care extends to the inspection and test-ing of products bought to incorporate in the final product.

Sellers are required to take precautions against every conceivable misuse of a product.

A failure to exercise reasonable care is negligence

A statute of limitations may restrict the time within which an action in product liability may be brought.

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

Product liability arises from a lack of assurance by one party of the existence of a fact on which the other party can rely.

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

A product liability claim may be based on the tort theory of fraudulent misrepresentation.

A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products.

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

Forest & Field Company makes and leases a backhoe to Gallagher. Due to a defect attributable to Forest & Field's negligence,Gallagher is injured in an accident in which his neighbor Helga is also hurt. In a product liability suit based on negligence,Forest & Field may be liable to

Sailaway Corporation makes sailboards,which are bought and distributed by Tropical Marketing Company to UV Sports Stores,Inc.,which sells them to consumers. Wen is in-jured while using a Sailaway board that he bought from UV Sports. In a product liabil-ity suit based on strict li-ability,Wen may recover from

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

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

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

Some states limit the application of strict product liability to situations involving personal injuries.