Question 1

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

Accepted Answer

A) True 
 B)False  True

Question 2

Grass Green Company makes and sells hedge trimmers, which are designed to be safe if used properly. Hazel buys a Grass Green trimmer and lends it to her neighbor Izak. In his garage, Izak is using the trimmer as a prod to dislodge a box from a high shelf when the trimmer suddenly engages. Startled, Izak drops the trimmer, which swings around and cuts his leg. Izak files a product liability suit against Grass Green, on the ground of negligence. On what basis could the manufacturer prevail?

Accepted Answer

A manufacturer or seller can prevail in a product liability suit based on negligence if the manufacturer designed its product to be safe for proper uses, even if the product was not designed to be safe for un-foreseeable, improper uses, such as the use in this question.
A manu-fac-turer is negligent if it breaches the duty to exercise reasonable care in the design or manufacture of its product, or warnings about the prod-uct, and this breach causes injuries. In other words, liability may be found if a product is unsafe because of negligence in its manufacture, as-sembly, testing, or inspection. Even if all reasonable care is taken, the manufac-turer may be liable if the design of the product makes it unrea-sonably dangerous for the uses for which the product is made. A manu-facturer must also be liable for failing to include a warning if the manufacturer knows the product is dangerous when used as intended or as could reasonably be foreseen, and users are not likely to be aware of the danger.
But a manufac-turer has no li-ability, when its product is reasonably safe for proper uses and foreseeable, improper uses, and is used in an unforesee-able, improper way.

Question 3

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

Accepted Answer

A)  Gallagher only. 
B)  ​no one. 
C)  Gallagher and Helga. 
D)  Helga only. 
A)  Gallagher only. 
B)  ​no one. 
C)  Gallagher and Helga. 
D)  Helga only. C

Question 4

The types of product defects that have traditionally been recognized in product liability law include manufacturing defects.

Accepted Answer

A) True 
 B)False

Question 5

A design defect will support the imposition of liability on a strict product liability basis.

Accepted Answer

A) True 
 B)False

Question 6

A statute of repose places outer time limits on product liability actions.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A)  assumption of risk. 
B)  knowledgeable user. 
C)  commonly known danger. 
D)  none of the choices. 
A)  assumption of risk. 
B)  knowledgeable user. 
C)  commonly known danger. 
D)  none of the choices.

Question 8

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products.

Accepted Answer

A) True 
 B)False

Question 9

A design defect is not the sort of product defect that will support the imposition of liability on a strict product liability basis.

Accepted Answer

A) True 
 B)False

Question 10

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) Soda is in a better position than Talia to bear the cost of her injury. 
B) Talia is a person, not a business. 
C) making and selling products are abnormally dangerous activities. 
D) Soda and Talia are in privity. 
A) Soda is in a better position than Talia to bear the cost of her injury. 
B) Talia is a person, not a business. 
C) making and selling products are abnormally dangerous activities. 
D) Soda and Talia are in privity.

Question 12

Safe-Rite Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-Rite, alleg-ing a warning defect. In deciding whether to hold Safe-Rite liable, the court may consider

Accepted Answer

A)  consumers' general failure to read the product's warnings. 
B)  the plaintiff's specific failure to read the product warnings. 
C)  the obvious risks of other products. 
D)  ​the obvious risks of this product. 
A)  consumers' general failure to read the product's warnings. 
B)  the plaintiff's specific failure to read the product warnings. 
C)  the obvious risks of other products. 
D)  ​the obvious risks of this product.

Question 13

Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider

Accepted Answer

A)  the assumptions of Wideload. 
B)  the identity of Wideload's owner. 
C)  the intentions of Wideload. 
D)  the expectations of the ordinary consumer. 
A)  the assumptions of Wideload. 
B)  the identity of Wideload's owner. 
C)  the intentions of Wideload. 
D)  the expectations of the ordinary consumer.

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

Assumption of risk can never be used as a defense in a product liability action.

Accepted Answer

A) True 
 B)False

Question 16

AgriGro, Inc., sells hybrid seed to farms and other agricultural enterprises. Brandon buys and plants AgriGro seed on his Country Farm, but no crop grows because the seed is defective. Brandon sues AgriGro for product liability based on negligence. To win, Brandon must show that

Accepted Answer

A)  AgriGro sold the seed to Brandon. 
B)  Brandon knew and appreciated the risk caused by the defect. 
C)  Brandon suffered damage caused by the defect. 
D)  the "defect" was a commonly known danger. 
A)  AgriGro sold the seed to Brandon. 
B)  Brandon knew and appreciated the risk caused by the defect. 
C)  Brandon suffered damage caused by the defect. 
D)  the "defect" was a commonly known danger.

Question 17

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

Accepted Answer

A)  Ian's discovery of an injury caused by the opener. 
B)  Garage Magic's sale of the opener to Home & Yard. 
C)  Garage Magic's design of the opener. 
D)  Home & Yard's sale of the opener to Ian. 
A)  Ian's discovery of an injury caused by the opener. 
B)  Garage Magic's sale of the opener to Home & Yard. 
C)  Garage Magic's design of the opener. 
D)  Home & Yard's sale of the opener to Ian.

Question 18

Even if a particular danger is commonly known by the users of a product, the maker or seller of must warn these users of the danger.

Accepted Answer

A) True 
 B)False

Question 19

Generally, the strict liability of manufactures and other sellers does not extend to injured bystanders.

Accepted Answer

A) True 
 B)False

Question 20

The types of product defects that have traditionally been recognized in product liability law include inadequate warnings.

Accepted Answer

A) True 
 B)False

Exam 5: Product Liability

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

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

The types of product defects that have traditionally been recognized in product liability law include manufacturing defects.

A design defect will support the imposition of liability on a strict product liability basis.

A statute of repose places outer time limits on product liability actions.

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

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products.

A design defect is not the sort of product defect that will support the imposition of liability on a strict product liability basis.

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

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

Safe-Rite Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-Rite, alleg-ing a warning defect. In deciding whether to hold Safe-Rite liable, the court may consider

Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider

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

Assumption of risk can never be used as a defense in a product liability action.

AgriGro, Inc., sells hybrid seed to farms and other agricultural enterprises. Brandon buys and plants AgriGro seed on his Country Farm, but no crop grows because the seed is defective. Brandon sues AgriGro for product liability based on negligence. To win, Brandon must show that

Even if a particular danger is commonly known by the users of a product, the maker or seller of must warn these users of the danger.

Generally, the strict liability of manufactures and other sellers does not extend to injured bystanders.

The types of product defects that have traditionally been recognized in product liability law include inadequate warnings.

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