Deck 13: Strict Liability and Product Liability

Question 1

Due care must be exercised in designing a product.

Answer 1

True

Question 2

A person who keeps a domestic animal may be strictly liable for any harm that the animal inflicts.

Answer 2

True

Question 3

A seller must warn those who purchase its product of the harm that can result from the foreseeable misuse of the product.

Answer 3

True

Question 4

A seller must warn those who buy a product of harm that could result from the foreseeable misuse of the product.

Question 5

Only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product.

Question 6

Misrepresentation on a label is not enough to show an intent to induce the reliance of anyone who may use the product.

Question 7

A public policy underlying the imposition of strict product liability is that a manufacturer who makes an unsafe product should be put out of business.

Question 8

To avoid strict product liability,a manufacturer must make a product entirely safe for all uses.

Question 9

To support the imposition of strict product liability,a product must be mishandled between the time it is sold and the time an injury occurs.

Question 10

To succeed in a product liability suit based on strict liability,a plaintiff must prove that a product was defective.

Question 11

To succeed in a product liability suit based on strict liability,a plaintiff does not need to prove why or in what manner a product became defective.

Question 12

The doctrine of strict liability applies only in the area of product liability.

Question 13

A manufacturer's liability to an injured party on a strict product liability theory can be almost unlimited.

Question 14

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

Question 15

A manufacturer's duty of care does not extend to the inspection and testing of products bought to incorporate in the final product.

Question 16

The basis for applying strict liability is an intentional wrongful act.

Question 17

Statutes of repose places outer times limit on product liability actions.

Question 18

Assumption of risk is a defense that may be raised in a product liability suit.

Question 19

Strict liability is imposed based on fault.

Question 20

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

Question 21

Sharp Computer Corporation makes hard drives.Tally discovers that her Sharp drive is defective and sues the maker for product liability based on misrepresentation.To win,Tally must show that

A)Sharp sold the drive to Tally.
B)Tally knew and appreciated the risk caused by the defect.
C)Tally relied on the misrepresentation.
D)the "defect" was a commonly known danger.

Question 22

Horizon Corporation makes cell phones.Ginvera files a product liability suit against Horizon,alleging a design defect.Under the Restatement (Third)of Torts: Products Liability,in deciding whether to hold Horizon liable,the court may consider the "reasonableness" of

A)the manufacturer's intentions.
B)the seller's method of accounting.
C)the manufacturer's quality control efforts.
D)an available alternative design.

Question 23

Mariah owns Nitro Demolition Company.During a demolition by Mariah's crew,Owen,a passerby,is injured.Under the theory of strict liability,Mariah must pay for the injury

A)only if the crew intended to injure Owen.
B)only if the crew was at fault.
C)under no circumstances.
D)whether or not the crew was at fault.

Question 24

Resources Recovery,Inc. ,uses dynamite in its remote mining operations.Sabrina stores household cleaners in his suburban garage.Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is

A)neither Resources Recovery nor Sabrina.
B)Resources Recovery and Sabrina.
C)Resources Recovery only.
D)Sabrina only.

Question 25

Country Style,Inc. ,makes landscaping tools.Under the Restatement (Third)of Torts: Products Liability,Country could be liable for a warning defect if there is a foreseeable risk of harm posed by a product and

A)the omission of a warning renders the product not reasonably safe.
B)there is a reasonable alternative design.
C)there is a lack of care in making of the product.
D)there is insufficient insurance coverage.

Question 26

Toyoda Company buys gas pedals and other parts from subcontractors and puts them in its vehicles without changing their composition.If the pedals or other parts are defective,strictly liable for any damage caused by the defects are

A)neither Toyoda nor the subcontractors.
B)Toyoda and the subcontractors.
C)the subcontractors only.
D)Toyoda only.

Question 27

Jean is playing a computer game on a bad disk that melts in her drive,starting a fire that injures her hands.Jean files a suit against K-Tech,Inc. ,the game's manufacturer.K-Tech is held liable under the doctrine of strict liability.A significant application of this doctrine is in the area of

A)cyber crime.
B)negligence.
C)product liability.
D)res ipsa loquitur.

Question 28

Pooltime,Inc. ,makes aboveground swimming pools,which it sells to Quality Home Stores.Quality Home sells the pools to consumers,including Ron,who lets Sara use his pool.Sara is injured while using the pool.In a product liability suit based on strict liability,Sara may recover from

A)neither Pooltime nor Quality Home.
B)Pooltime only.
C)Pooltime or Quality Home.
D)Quality Home only.

Question 29

Universal Assembly Company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim.Universal is most likely liable for

A)a commonly known danger.
B)fraud.
C)privity.
D)puffery.

Question 30

Breakfast Foods Corporation markets waffle irons,one of which proves defective and injures Chelsea.Breakfast Foods's strict liability to Chelsea for the harm caused by the defective waffle iron is based in part on the fact that

A)Breakfast Foods profits from the sale of its waffle irons.
B)Chelsea is a person,not a corporation like Breakfast Foods.
C)marketing is an "abnormally dangerous activity."
D)the doctrine of strict liability is the norm rather than the exception.

Question 31

Canyon Construction Company uses blasting in its operations.This is subject to strict liability because

A)blasting is an abnormally dangerous activity.
B)blasting is a negligent activity.
C)Canyon is a construction company.
D)construction can be done without blasting.

Question 32

Navigation,Inc. ,makes aviation guidance systems.Ollie is injured in a crash caused by a defective Navigation product.A statute restricts the time within which Ollie may file a product liability suit against Navigation regardless of when he was injured.This is a statute of

A)limitations.
B)preemption.
C)repose.
D)suspension.

Question 33

Lyn is injured when she is struck by debris floating on her property flooded by a breach of Mining Company's reservoir.The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established in

A)Lyn v.Mining Co.
B)Palsgraf v.Long Island Railroad Co.
C)Rylands v.Fletcher.
D)Congress.

Question 34

Summer Breeze,Inc. ,contracts for the sale of fifty ceiling fans to Island Décor store.Tyrone buys one of fans from the store.The applicable statute of limitations prescribes a period of four years.To bring a product liability claim against Summer Breeze,Tyrone must file a suit within four years of

A)Tyrone's discovery of an injury.
B)the date of the fan's sale to Island Décor.
C)the year of the fan's manufacture.
D)the date of the fan's sale to Tyrone.

Question 35

Dwayne,an electrician,files a suit against Electro Mechanix,Inc. ,alleging that its circuit breakers are unreasonably dangerous due to the possibility of electrical shock.Dwayne's suit is most likely to

A)fail,because Dwayne assumes the risk if he uses an Electro product.
B)fail,because Dwayne is a knowledgeable user.
C)succeed,because the danger is open and obvious.
D)succeed,because Electro's products are not safe for all uses.

Question 36

Infinite Variety Corporation makes products that Jostle Sales Company sells to consumers online,through catalogs,and in retail outlets.Holding makers and sellers strictly liable for the cost of injuries to consumers from harmful or defective products is based in part on the policy that

A)consumers are generally careful with the products that they buy.
B)courts are the best forums to determine product liability.
C)makers and sellers would not otherwise be interested in safety.
D)prices can be increased to cover the cost.

Question 37

Oven Products Company makes microwave ovens.Pico discovers that his Oven Products oven is defective and sues the maker for product liability based on strict liability.To win,Pico must show that

A)Oven Products sold the oven to Pico.
B)Pico knew and appreciated the risk caused by the defect.
C)Pico suffered an injury caused by the defect.
D)the "defect" was a commonly known danger.

Question 38

The brakes on a Central & Coastal Railroad train malfunction and it rolls towards maintenance workers on the tracks.Everyone gets out of the way except Dick,who wants to show off.The train hits Dick,who sues EZ Hydraulics,Inc. ,the brakes' manufacturer.EZ can raise the defense of

A)a component-part manufacturer.
B)assumption of risk.
C)consumer expectations.
D)product misuse.

Question 39

Cold Stuf,Inc. ,makes snowboards,which it sells to Deep Freeze Sports Store (DFS).DFS sells Cold Stuf boards to consumers,including Ed.Ed is injured while using the board.In a product liability suit based on strict liability,Ed may recover from

A)Cold Stuf only.
B)Cold Stuf or DFS.
C)DFS only.
D)no one.

Question 40

Stable Tool Company makes hedge trimmers.Troy is injured while using a Stable trimmer and sues the company for product liability based on negligence.To win,Troy must show that

A)Stable did not use due care with respect to the trimmer.
B)Stable misrepresented a material fact regarding the trimmer.
C)Troy was experienced in the use of trimmers.
D)Troy was in privity of contract with Stable.

Question 41

Jean owns five acres of land in an area of single-family homes on mostly one-acre plots.Jean's property contains her house and three outbuildings.Among the animals housed in the outbuildings are Kennel,a dog,and Louis,a tiger.Mary,a neighbor,is jogging past Jean's property.Under what circumstance is Jean strictly liable if Kennel bites Mary ?Under what circumstance is Jean strictly liable if Louis bites Mary?

Question 42

Bob is shopping in Carl's Hardware Store when a nail gun held by Dan,one of Carl's employees,fires without warning and hits Bob in the leg.Carl checks the gun and discovers that it was assembled improperly.Bob files a suit against Eagle Tools,Inc. ,the manufacturer of the gun,for product liability,on the ground of strict liability.What are the elements for an action based on strict liability ?In whose favor is the court likely to rule?