Exam 7: Strict Liability and Strict Liability

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

There is a duty to warn about risks that are obvious or commonly known.

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

Manufacturers must use due care in selecting the materials to be used in a product.

An action in strict product liability requires that a product be in a defective condition caused by its purchaser.

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

Lipstik, Inc. makes cosmetics. Lipstik intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Mikayla buys a Lipstik product and suffers an injury. Lipstik is most likely liable for

An injured party may sue only the manufacturer of defective products that are subject to comprehensive federal regulatory schemes.

Luke is playing a video game on a defective disk that melts in his game player, starting a fire that injures his hands. Luke files a suit against Mystic Maze, Inc., the game's maker under the doctrine off strict liability. A significant appli?cation of this doctrine is in the area of

The Prosthetic Legs and Arms Act (PLAA) sets up a no-fault compensation program for persons injured through the use of medical prostheses. The PLAA protects prosthesis makers from liability for unavoidable side effects. When Quint is injured in an auto accident, his physician prescribes and fits him for a certain prosthetic. When Quint suffers injuries from its use, he, files a suit against Replacement Limbs LLC, the maker of the prosthetic, alleging strict product liability. Is there a defense that Replacement Limbs might successfully assert in this case? If so, what is it, and why?

MedBeat Inc., makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liabil?ity suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and

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.

The extreme risk of an activity is a defense against imposing strict liability.

The brakes on a train owned by Rolling Stock Railway Inc. malfunction. The train rolls towards main?te?nance workers on the tracks. Everyone gets out of the way except Sid, who wants to show off. The train hits Sid, who sues Train Components, Inc., the brakes' manufacturer. Train Components can raise the defense of

Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liabil?ity suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design's

Sea & Surf 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 Sea & Surf board that he bought from UV Sports. In a product liabil?ity suit based on strict li?ability, Wen may recover from

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liabil?ity suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider

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

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

BioChem Corporation, ChemCo Company, and DexLabs Inc. make and distribute toxic chemicals. In a product-liability suit against all of these parties, the court is most likely to impose market-share li?ability if it cannot be proved which of the parties