BUSLAW 1 Strict Liability and Tort Defenses

A plaintiff must prove which two of the following to succeed in a design defect case? Choose 2 answers.

An alternative design was safer and available and the manufacturer did not use the alternative. The failure to use a safer design was the cause of harm to the plaintiff.

If a consumer is injured by a defective product, which of the following types of claims may the consumer bring? (Select two)

Negligence Strict Liability

Which of the following is a true statement concerning class action lawsuits? Choose 2 answers.

One party harmed by a company files a lawsuit on behalf of a large group of unnamed people who have been similarly harmed. A class action saves judicial resources by providing a convenient and economical means for settling disputes involving a large number of possible plaintiffs.

A product is unreasonably dangerous to consumers when it meets which of the following conditions? Choose 3 answers.

The manufacturer failed to adequately warn the consumer about the dangers of the product. It is inherently dangerous but is even more dangerous than an ordinary consumer would expect. A less dangerous alternative was available but was not used by the manufacturer.

Which of the following describes a product with a defective condition?

The product is not reasonably fit for its ordinary and intended use.

If a bystander is injured when a consumer is using a product, may the bystander bring a claim for negligence against the manufacturer of the product?

Yes, because they are an injured party.

What liability theory is used by courts to allocate damages when there are multiple defendants and it cannot be proven which defendant was responsible?

market-share liability

When a plaintiff in a strict liability lawsuit has used a product in a way that is not intended or that the defendant could not have reasonably foreseen, the defendant may assert which defense?

misuse or abuse of a product

Which of the following tests may be used by a court in a design defect case? Choose 2 answers.

risk-utility analysis consumer expectation test

What is the term for the defense that a product was manufactured in compliance with all safety and health standards required at that time and used current technical or scientific knowledge?

state-of-the-art defense