chapter 6- product liability

Which of the following is a true statement concerning class action lawsuits? Choose 2 answers. A. A class action saves judicial resources by providing a convenient and economical means for settling disputes involving a large number of possible plaintiffs. B. One party harmed by a company files a lawsuit on behalf of a large group of unnamed people who have been similarly harmed. C. One person can file a class action, even if that person was not personally harmed. D. Each member of the class must have the identical harm to share in a settlement award.

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

A product is unreasonably dangerous to consumers when it meets which of the following conditions? Choose 3 answers. A. It is inherently dangerous but is even more dangerous than an ordinary consumer would expect. B. The manufacturer failed to adequately warn the consumer about the dangers of the product. C. It is identified for recall. D. A less dangerous alternative was available but was not used by the manufacturer.

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

A plaintiff must prove which two of the following to succeed in a design defect case? Choose 2 answers. A. The failure to use a safer design was the cause of harm to the plaintiff. B. An alternative design was safer and available and the manufacturer did not use the alternative. C. The product was defective even if there was no reasonable alternative design. D. The product did not contain reasonable instructions or warnings of the product's potential harm.

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

Which of the following tests may be used by a court in a design defect case? Choose 2 answers. A. consumer expectation test B. market-share liability analysis C. risk-utility analysis D. obvious risk analysis

A. consumer expectation test C. risk-utility analysis

A product liability lawsuit can be filed under which legal theory? Choose 3 answer choices. A. Commerce Law B. Negligence C. Strict Liability D. Intentional Tort E. Criminal law

B. Negligence C. Strict Liability D. Intentional Tort

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? A. No, because they were not in privity with the manufacturer. B. Yes, because they are an injured party. C. Yes, but only if they also bring a claim against the user. D. No, because they were not in privity with the consumer.

B. 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? A. product liability B. market-share liability C. equitable liability D. risk liability

B. market-share liability

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? A. business advantage defense B. state-of-the-art defense C. cutting edge defense D. puffery defense

B. state-of-the-art defense

What could be a less dangerous alternative that is economically feasible for a manufacturer to prevent legal exposure for a product being unreasonably dangerous? A. Removing the blade from a lawn mower. B. Installing an online feature to turn off a lawnmower if a consumer turns over the lawnmower to clean it. C. Adding a flap that automatically closes when a grass-catcher unit is removed from the lawnmower. D. Eliminating a product line if there is a possibility of lawsuits.

C. Adding a flap that automatically closes when a grass-catcher unit is removed from the lawnmower.

How is market-share liability different from the requirements in other lawsuits? A. The plaintiff must show which defendant is responsible for the harm. B. The court must choose one defendant to be held liable. C. All defendants can be held liable. D. The products must be similar.

C. All defendants can be held liable.

What can a defendant present to win a strict liability case? A. A less dangerous alternative was economically feasible for the manufacturer, but the manufacturer failed to produce it. B. Lack of intent to cause the harm. C. The consumer altered the product since purchasing it and that caused the harm D. Lack of fault in causing the harm.

C. The consumer altered the product since purchasing it and that caused the harm

You purchase a used dirt bike from your neighbor. The first time you ride the dirt bike, your leg is severely burned by an exposed exhaust pipe. You are thinking that because the dirt bike has a design defect that makes it unreasonably dangerous, you should sue. What do you think would happen if you sue your neighbor for the design defect of the dirt bike? A. Your neighbor will be liable for your injuries only if you paid cash for the dirt bike. B. Your neighbor will be liable for your injuries because he sold you a defective dirt bike. C. Your neighbor cannot be sued for the design defect, because he is not in the business of selling dirt bikes. D. Your neighbor cannot be sued because he did not design the dirt bike.

C. Your neighbor cannot be sued for the design defect, because he is not in the business of selling dirt bikes.

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? A. superseding cause B. comparative fault C. misuse or abuse of a product D. assumption of risk

C. misuse or abuse of a product

Which statement is correct about market-share liability? A. All jurisdictions use the principle of market-share liability. B. Market-share liability is applicable in most situations. C. Proof of harm is not required in these cases. D. Market-share liability is an exception to accepted law.

D. Market-share liability is an exception to accepted law.

Which of the following describes a product with a defective condition? A. The product has a defect that was known to the manufacturer. B. The product has an obvious and observable defect. C. The product was more dangerous than an alternative. D. The product is not reasonably fit for its ordinary and intended use.

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

Which are considered to be unreasonably dangerous product defects? Choose 2 answer choices. Errors in pricing the product. Errors in handling of the product Errors in packaging of the product. Errors in selling the product.

Errors in handling of the product Errors in packaging of the product.

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

Strict Liability Negligence