Law and Legal 7

In which of the following situations would strict liability apply: (Select all that apply)

A person keeps a tiger as a pet, which bites a guest in the person's home A company who transports highly flammable gases but exercises reasonable care at all times

The doctrine of strict product liability does NOT apply to which of the following?

Advertising agencies

In a product liability action, a contractual relationship between the manufacturer and the injured plaintiff must exist before the plaintiff can sue the manufacturer in court.

False

Select the TWO public policy reasons from the following list for the application of strict liability in product liability cases:

Manufacturers can better bear the cost of injury Manufacturers should bear the cost of injury as an operating expense since it is profiting from its activities

In a strict product liability lawsuit, who has to show why or in what manner the product became defective?

No one

Gunter installs a large glass door in his house and then runs into it, breaking his nose. Gunter sues the manufacturer, because he was not warned about the possibility of such an injury. Will Gunter prevail in his lawsuit?

No, because everyone knows that people may run into glass doors; therefore, the manufacturer does not have to provide such a warning.

Acme, Co. was using dynamite to blast rocks at a quarry. They exercised all reasonable care, but Tom was still injured by a piece of debris. Acme can be held strictly liable for Tom's injury.

True

In a strict product liability lawsuit, the product must be in a defective condition when the defendant sells it.

True

Without establishing cause in fact, a plaintiff cannot succeed on a claim even if she proves injury.

True

To successfully assert a design defect, a plaintiff has to show that a reasonable ____ design was available and that the defendant's failure to____ the alternative design rendered the product

alternative; adopt; not reasonably safe

Each of the following is an example of a manufacturing defect except:

conformity with design specifications.

There is no_____ to warn about risks that are commonly known. A seller must warn those who purchase its product of the harm that can result from the _____ misuse of the product. Courts apply a _______ test to determine if the warnings adequately alert consumers to the product's risks.

duty; foreseeable ; reasonableness

When a manufacturer argues that it engaged in reasonable quality control efforts, that argument will act as a sufficient defense in a strict product liability lawsuit.

false

When a user or customer is injured because of fraudulent misrepresentation, the seller must have:

intended to induce the buyer's reliance on the misrepresentation.

__________ occurs when courts look at the risk of harm from a product as designed compared to the utility to the user and to the public. Hide Feedback Correct

risk- utliity analysis

Privity of contract refers to:

the relationship that exists between the parties to a contract.

Market-share liability is a:

theory used to divide damages among multiple distributors of a harmful product.

If a defective product injures a bystander, the bystander can sue the manufacturer for strict liability.

true

The doctrine of strict product liability applies to suppliers of component parts.

true

Because many products cannot be made 100 percent safe for all uses, sellers are only liable for products that are

unreasably danergous