Product Liability

The maker of a product is required to warn about all dangers associated with using the product including dangers that are generally known.

false

The manufacturer of a subcomponent of a product cannot be sued if the product is defective and causes an injury.

false

The original seller of the product is liable for an injury caused by a modification of the product even if the modification occurred after it left the seller's possession.

false

Under comparative negligence, if a plaintiff is found by the jury to be 25 percent negligent and the damages are $100,000, the plaintiff would only recover $25,000.

false

Pat is pledging at the Delta Upsilon Delta (DUD) fraternity in order to become a member. As part of his initiation, he must eat a piece of cheese that is on a mousetrap that has been set to trap a mouse. He tries, but the trap slams shut on his nose, injuring him. Pat files a products liability suit against the hardware store which sold the mousetrap to the fraternity members. Which of the following, if true, would allow the hardware store to avoid liability?

it was an unforeseeable misuse for anyone to use a mousetrap in this way

Barry buys a new sports car. The car sits low to the ground and because of the styling, visibility, to the rear is limited. About a month after Barry has the car he backs over his pet poodle as he is leaving for work. In his strict liability suit against the car manufacturer, Barry will:

lose because he assumed the risk of backing up in a car when he could not see to the rear

punitive damages

monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff

Is failure to properly package the product a defect in manufacture?

no

The failure of a manufacturer to properly test a product can be a defect in manufacture.

true

The most widely recognized articulation of the doctrine of strict liability is found in Section 402A of the Restatement (Second of Torts).

true

To be successful in a negligence cause of action, the plaintiff must prove that the defendant breached a duty of care that caused the plaintiff's injuries.

true

Under comparative negligence, if a plaintiff is found by the jury to be 25 percent negligent and the damages are $400,000, the plaintiff would only recover $300,000.

true

Who can recover for their injuries under product liability law?

user, bystander, or person who uses a product with owner's permission

Little Bobby, 5 years old, finds his older brother's "Extendo Sword," which is a toy sword about a foot long which springs out to 5 feet long when a button is pushed on the handle. His mother tells him to put it down because he will hurt someone if he's not careful. Bobby pushes the button when the sword is pointed toward his face and, just as all properly functioning "Extendo Swords" do, the sword shoots out. Bobby is injured and, under products liability, sues the toy store which sold the toy. Bobby will most likely:

win on a basis of a design defect

Strict liability would not apply to the sale of blood required for a blood transfusion.

true

A public policy reason for imposing strict product liability on all in the chain of distribution is so that:

These parties are able to insure against product liability costs.

The failure of the manufacturer of a product to warn users of the dangerous propensities of a product can be negligence.

True

The concept of "defect" is expanding in the law.

true

The doctrine of strict liability applies to sellers and lessors of products.

true

Paul purchased a deluxe motor home from Wide Open Spaces Motor Homes. In a products liability suit against Wide Open Spaces Motor Homes Corporation, Paul must show which of the following in order to recover?

a defect made the motor home unreasonably dangerous, leading to an injury

failure to warn

a defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown

defect in manufacture

a defect that occurs when a manufacturer fails to: properly assemble a product properly test a product adequately check the quality of the product

generally known danger

a defense which acknowledges that certain products are inherently dangerous and are known to the general population to be so

crashworthiness doctrine

a doctrine that says automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person's body striking something inside the automobile in the case of a car accident

In a products liability case, the plaintiff must prove:

a preponderance of the evidence

What is the significance of a "defect" in a products liability case based on strict liability?

a required element is proof of a defect

strict liability

a tort doctrine that makes manufacturers, distributors, wholesalers, retailers and other in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault

intentional misrepresentation

a tort in which a seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby

negligence

a tort related to defective products in which the defendant has breached a duty of care and caused harm to the plaintiff

What are sellers responsible to provide for regarding the assembly of products they sell?

adequate instructions for safe assembly and use of the product

Based on the law of products liability, the manufacturer should design its products to take into account:

all foreseeable misuse

chain of distribution

all manufacturers, distributors, wholesalers, retailers, lessors and sub-component manufacturers involved in a transaction

supervening event

alteration or modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability

What is the defense of correction of a defect?

applies in a situation where a user received a recall notice to correct the defect but did not comply with the notice

Someone who is injured by a product that he/she purchased new could recover on the basis of:

breach of warranty, negligence, or strict liability

In a product liability action based on strict liability, the plaintiff must prove the existence of a defect and who caused the defect.

false

The crashworthiness doctrine requires that vehicles be designed to take into account the possibility of a second collision.

false

The defendant generally bears the burden of proving his or her negligence.

false

The injured party must prove who caused the product to become defective.

false

failure to provide adequate instructions

defect that occurs when a manufacturer does not provide detailed instructions for safe assembly and use of a product

defect in packaging

defect that occurs when a product has been placed in packaging that is insufficiently tamperproof

defect in design

defect that occurs when a product is improperly designed

abnormal misuse

defense that relieves a seller of product liability if the use abnormally uses a product

contributory negligence

defense that says a person who is injured by a defective product but has been negligent and has contributed to his or her own injuries cannot recover damages

government contract defense

defense which provides that manufacturer products to government specifications are not usually liable if such a product causes injury

As Betty is riding her new "LogLeaper XRTSHX 10,000 GTI" mountain bike, the front axle breaks and she is injured. She decides to sue Generalized, the maker of the bike, after learning that all LogLeapers have this problem. She would most likely sue on the basis of:

design defect

comparative negligence

doctrine which applies to strict liability actions that says a plaintiff who is contributory negligent for his or her injuries is responsible for a proportional share of the damages

A homeowner not in the business of selling products could be sued for the sale of a defective product at a garage sale.

false

A seller who conceals a defect in a product, but who does not affirmatively misrepresent the quality of the product, cannot be sued for intentional misrepresentation.

false

A statute of repose sets a limited time after an injury occurs in which a product liability suit can be brought.

false

All parties in the chain of distribution of a defective product are not strictly liable for injuries caused by the product.

false

Damages recoverable in a strict liability action are uniform throughout the United States.

false

Fraud is often used as the basis for product liability actions.

false

In a negligence action, all parties in the product's chain of distribution are liable for the injury, even if only one party was negligent.

false

The doctrine that imposes liability on a seller of a product only if the seller sold the defective product directly to the injured party is known as:

privity of contract

In considering whether a product contains a defective design, the courts will not consider:

profitability of the product

What are the elements necessary to prove in a products strict liability case

proof that the product caused injury proof that the user was in fact injured proof that the injury resulted from a defect in the product

Justin buys a computer from a retailer and his son is injured when the glass on the monitor shatters while he is using it. He sues the wholesaler only and the jury determines that this was a manufacturing defect that existed when the computer left the factory and caused the son's injury. The jury determined that the wholesaler was only 5-percent responsible, the retailer 20-percent, and the manufacturer 75-percent. Justin can:

recover the full amount of his damages from the wholesaler

statute of limitations

requires an injured person to bring to an action within a certain amount of time from the time that he or she was injured by a defective product

What cannot not give rise to a strict liability in tort action for products liability?

services

product defect

something wrong, inadequate, or improper in the manufacture, design, packaging, warning, or instructions about a product

statute of repose

statue that limits the seller's liability to a certain number of years fro the date when the product was first sold

Power Tool Company manufactures table saws. These saws have several safety devices including a permanent blade guard. This guard keeps the user's hands from touching the blade while it is moving. Ralph buys a Power table saw, but he takes off the blade guard because it inhibits the type of work he wants to do. Later, Ralph is injured while using the saw. If the blade guard had been left on, Ralph would not have been injured. Ralph sues Power Tool Co. under a strict liability theory. The best defense that Power could raise based on these facts is:

supervening event

In order to recover in a products liability case based on strict liability, the plaintiff must prove that the product had a defect:

that made the product unreasonably dangerous

When a product is found to be defective because of a failure to warn, it means:

that the product would not have been unreasonably dangerous if consumers had been warned about certain dangers of the product

Under the judicial philosophies developed in the area of product liability:

the doctrine of privity of contract has been greatly reduced in importance

product liability

the liability of manufacturers, sellers, and others for the injuries caused by defective products

If a manufacturer produces a defective product, sells it to a wholesaler, who sells it to a retailer, who sells it to a consumer, who is injured, which parties in the chain of distribution are potentially liable under strict liability?

the manufacturer, wholesaler, and retailer

A wholesale distributor who is named in a product liability suit based on strict liability could avoid liability if:

this product had been used for many years by other users without injury

A household appliance that works fine but that is designed without proper safeguards would be defective in terms of product liability law.

true

A proper and conspicuous warning placed on a product protects the manufacturer from strict liability.

true

A toy for a child under 3 years of age that contains parts small enough for the child to swallow is defective in terms of product liability law.

true

Because strict liability is a tort doctrine, privity does not apply, so that even bystanders can recover under strict liability.

true

Comparative negligence is more widely recognized as a defense in product liability actions than contributory negligence.

true

Contributory negligence is a defense to negligence actions but not generally in strict liability actions.

true

Drug manufacturers have a duty to place their products in containers that cannot be opened by children.

true

Failure to provide adequate instructions for the safe assembly of a product is a defect.

true

Failure to warn about a product's dangers can make an otherwise safe product defective.

true

Greenman v. Yuba Power Products, Inc. is a landmark case that adopted the doctrine of strict liability in tort as a basis for product liability actions.

true

In evaluating the adequacy of a product's design, the courts apply a risk-utility analysis.

true

Manufacturers of over-the-counter drugs such as aspirin must warn consumers of possible side effects of the drug or they can be sued for selling a defective product.

true

Negligence is a possible theory under which to recover for injuries caused by products.

true

Strict liability applies only to products, not services.

true

Strict liability does not require the injured person to prove that the defendant breached a duty of care.

true

Strict liability for products liability requires that the plaintiff show there was a defect in the product causing the injury.

true