Deck 13: Strict Liability and Product Liability

Question 1

An action in strict product liability requires that the product not be in a defective condition when the defendant sells it.

Answer 1

False

Question 2

Many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action.

Answer 2

True

Question 3

A manufacturer is not liable in strict product liability for injuries caused by commonly known dangers.

Answer 3

True

Question 4

An action in strict product liability requires that the defendant fail to exercise reasonable care.

Question 5

One requirement for a product liability suit based on negligence is a failure to exercise reasonable care.

Question 6

The extreme risk of an activity is a primary basis for imposing strict liability.

Question 7

A product liability action based on negligence does not require the plaintiff and the defendant to be in privity of contract.

Question 8

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

Question 9

A person who keeps a wild animal is always strictly liable for any harm that the animal inflicts.

Question 10

A product liability action may be based on warranty theories.

Question 11

A manufacturer cannot be liable in product liability for intentionally misrepresenting the character of quality of goods.

Question 12

Sellers or lessors are liable only for products that are reasonably dangerous.

Question 13

One characteristic of an abnormally dangerous activity is that it involves an extreme risk.

Question 14

To succeed in a strict product liability suit,an injured plaintiff must be more than a mere bystander.

Question 15

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

Question 16

The majority of states limit the application of strict product liability theory to situations involving personal injuries.

Question 17

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

Question 18

Under the doctrine of strict liability,liability is imposed strictly according to fault.

Question 19

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

Question 20

One of the requirements for a suit based on strict liability is a failure to exercise due care.

Question 21

Medic Equip,Inc. ,makes medical devices.Naomi is injured while using a Medic pacemaker and sues the maker for product liability based on strict liability.To win,Naomi must show that

A)Medic did not use due care with respect to the pacemaker.
B)Naomi was in privity of contract with Medic.
C)Medic misrepresented a material fact on which Naomi relied.
D)none of the choices.

Question 22

Fun Toyz Corporation makes skateboards,which it sells to con?sumers,including Gitana.Gitana is injured due to a defect in the board that causes an accident in which Haley,a bystander,is also injured.In a product liability suit based on strict product liabil?ity,Fun Toyz may be liable to

A)Gitana and Haley.
B)Gitana only.
C)Haley only.
D)no one.

Question 23

Earth Movers,Inc. ,uses dynamite to prepare land for highway pro?jects.Strict liability is imposed on this activity because

A)Earth Movers is a corporation.
B)the activity is inherently negligent.
C)the activity is of a dangerous nature.
D)the government pays for highway construction.

Question 24

Heat Wave,Inc. ,makes portable heaters.To pay its liability for injuries to consumers harmed by defective heaters,Heat Wave can pass the costs on to

A)consumers in the form of higher prices.
B)other manufacturers of heaters on a theory of market share liability.
C)suppliers in the form of "reverse kickbacks." d the government in the form of direct payments.

Question 25

Ida intentionally mislabels her product in order to increase sales.Jay,a consumer,buys Ida's product.In using it,Jay suffers an injury.To recover for the injury on the basis of the misrepresentation,Jay must

A)assume the risk of the misrepresentation.
B)ignore the misrepresentation.
C)not be influenced by the misrepresentation .
D)rely on the misrepresentation.

Question 26

Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale.Liability may be imposed on Green Glass based on

A)the "reasonableness" of the manufacturer's quality control efforts.
B)the type of the manufacturer's insurance coverage.
C)a manufacturing defect.
D)the opinion and testimony of non-experts.

Question 27

Rhiana is shopping in Seth's Food Store when a bottle of Truly Bubbly Cola explodes,injuring her.Rhiana files a suit against Truly Bubbly,from whom she can recover only if she can show that she

A)did not assume the risk of the exploding bottle.
B)intended to buy the exploding bottle.
C)used due care in shopping in the store.
D)was injured due to a defect in the product.

Question 28

Grady,an obese individual,files a suit against Fry Fast Food Corporation (FFFC),alleging that FFFC's food is unhealthy because,as Grady knows,it contains high levels of cholesterol and saturated fat.Grady is most likely to

A)lose,because Grady assumed the risk when he bought FFFC's food.
B)lose,because Grady knows of the food's unhealthiness.
C)win,because FFFC's food poses an unhealthy risk to Grady.
D)win,because Grady knows of the food's unhealthiness.

Question 29

Farm Equip,Inc. ,makes farm?ing machinery.Gail discovers that her Farm Equip tractor is defective and sues the maker for product liability based on negligence.To win,Gail must show that

A)Farm Equip sold the tractor to Gail.
B)Gail knew and appreciated the risk caused by the defect.
C)Gail suffered an injury caused by the defect.
D)the "defect" was a commonly known danger.

Question 30

Eva owns Fast-Rate Salvage,a demolition company.A demolition by a Fast-Rate crew injures Glen,a passerby.Under the theory of strict li?abil?ity,Eva must pay for Glen's injury

A)only if Glen's injury was not reasonably foreseeable. b only if Glen's injury was reasonably foreseeable.
C)only if the Fast-Rate crew was at fault.
D)whether or not the Fast-Rate crew was at fault.

Question 31

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

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

Question 32

Mixing Equipment,Inc.(MEI),makes paint-mixing equipment.Nia is injured by a defective MEI mixer.A statute restricts the time within which,after Nia is injured,she may file a product liabil?ity suit.This is a statute of

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

Question 33

Safe-T-Made Company makes electrical cords and other connectors for elec?tronic devices.Rowena files a product liability suit against Safe-Rite,alleg?ing a warning defect.Under the Restate?ment (Third)of Torts: Products Liability,in deciding whether to hold Safe-T-Made liable,the court may consider

A)the expectations of the seller.
B)the identities of the company's owner.
C)the intentions of the manufacturer.
D)the characteristics of expected users.

Question 34

GR8 Skates Company makes and sells a pair of skates to Homer.GR8 fails to exercise "due care" to make the skates safe,and Homer is injured as a result.GR8 is most likely liable for

A)assumption of risk.
B)knowledgeable use.
C)negligence.
D)foreseeable misuse.

Question 35

Ceramic Tile Company designs and makes floor tiles.In a product liability suit based on negligence,Ceramic could be liable for vio?lating its duty of care with respect to

A)neither the design nor the making of the tiles.
B)the design and the making of the tiles.
C)the design of the tiles only.
D)the making of the tiles only.

Question 36

Welding Systems,Inc.(WSI),makes welding torches,masks,and related products.A WSI product may be unreasonably danger?ous due to

A)a defect in its design.
B)the expectations of its seller.
C)the intentions of its distributor.
D)the method of accounting of its maker.

Question 37

Kitchen Kutters Corporation (KKC)makes kitchen knives and other consumer products.KKC could be liable for a design 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 lack of care in making of the product.
C)there is a reasonable alternative design.
D)there is not a reasonable alternative design.

Question 38

Pharma Company,Quitox Corporation,and Renal,Inc. ,are drug makers.Med Sales Company and National OTC,Inc. ,are drug dis?tribu?tors.In a suit against all of these parties in which market-share li?ability is imposed,most likely to be liable are

A)neither the distributors nor the makers.
B)the distributors and the makers.
C)the distributors only.
D)the makers only.

Question 39

Reilly makes a fraudulent misrepresentation to Sonny,a consumer,who buys Reilly's product.In using the product,Sonny suffers an injury.To serve as a basis for recovery,the misrepresentation must concern

A)a material fact.
B)a national fact.
C)an ethereal fact.
D)a scientific fact.

Question 40

Yard Tool Company makes and leases a backhoe to Zack.Due to a defect attributable to Yard Tool's negligence,Zack is injured in an accident in which his neighbor Aron is also hurt.In a product liability suit based on negligence,Yard Tool may be liable to

A)Aron only.
B)no one.
C)Zack and Aron.
D)Zack only.

Question 41

Delta Company makes and sells table saws,which are designed to be safe if used properly.Erin buys a Delta saw and lends it to her neighbor Frank.To reach a toolbox on a high shelf in his garage,Frank props the saw at an angle against a cabinet and climbs onto the saw.Frank loses his footing,slips off the saw,falls on the blade,and is injured.He files a product liability suit against Delta,on the ground of negligence.On what basis could Delta prevail?

Question 42

Mighty Fine Company makes a surfboard,which it sells to Nature Sports Equipment (NSE),a distributor.NSE sells the board to Ocean Store,where Pat buys it.Pat gives it to Quinn,who suffers an injury due a defect in the board.If Mighty Fine,NSE,and Ocean Store were not negligent,can they be liable to Quinn for the injury? If so,how what basis,and for what reasons?