Smartbook- Topic 11A Products Liability

unreasonably

An injured consumer may recover under strict liability if the injured consumer can prove that the product was defective and the defect made the product ______ dangerous. unreasonably believably unbelievably reasonably

implied

Even if an express warranty does not exist, the UCC provides that an injured consumer may still recover under the ____________ warranty theory.

defective

Improper packaging can render a product unreasonably dangerous and thus: ___________.

products liability

Torts involving harm caused by defective products is called: ______. products liability estate planning negligence products abnormality

designed

A product may be defective if not manufactured or ______ properly. managed financed designed advertised

design

A(n) __________ defect is one in which there is a foreseeable risk of harm presented by the product and an alternative design could have avoided the risk.

care

Courts have determined that manufacturers have a duty of _________ when designing, manufacturing and inspecting products.

inadequate

Design problems, inadequate warnings, and ______________ packaging are types of defects associated with products.

misuse

Failing to use a product in a manner that an ordinarily prudent person would have is the defense of product _____________.

-Negligence, Warranty, Or Strict Liability

If someone is injured by a defective product, she can pursue the following as possible causes of action: -Negligence, Warranty, Or Strict Liability -Strict Liability Or Negligence Only -Warranty Or Strict Liability Only -Negligence Or Warranty Only

strict

In addition to negligence and warranty theory, an injured consumer may also recover under a(n) _____________ liability theory for harm caused by defective products.

substantial change

Strict liability will not apply in a products liability case if there has been a ______ to the product before it reaches the end user. minimal upgrade substantial change recent upgrade substantial upgrade

MacPherson

The ______ rule that allows for liability for negligently manufactured products to include any injuries to persons and not just the actual purchaser. McDonald's MacDouglas MacPherson MacDaniel

injured

The ___________ party must prove causation and damages once it is established that a product is unreasonably dangerous.

Product misuse

______ is a defense to a products liability claim. Statute of frauds Product misuse Product mistake Strict liability

-Assumption of the risk

______ is a defense to a strict liability claim. -Self-defense -Comparative negligence -Contributory negligence -Assumption of the risk

-was outside the reasonable consumer's expectations.

For a party to recover for an injury caused by a product, the product must have been defective and must have created a danger that: -could not be made safe with technology at the time. -could not be avoided. -was inherently dangerous. -was outside the reasonable consumer's expectations.

-created a danger outside the reasonable consumer expectations.

For an injured consumer to recover, she must prove the product was defective and:______. -created an unreasonable danger. -unreasonably dangerous and unable to make safe -not capably of being made safe -created a danger outside the reasonable consumer expectations.

assumed

If an injured party knows or should know of a risk associated with a product, but they continue to use the product anyway, the injured party has ______ the risk. dissolved ameliorated prevented assumed

-inherently dangerous

A product that is ______ is designed and manufactured correctly with adequate warnings, but is still dangerous. -inherently dangerous -conditionally dangerous -superficially defective -sequentially defective

expressed

A representation of fact about a product is a(n) ____________ warranty.

-Strict liability

Neither intent nor negligence need be proven in what types of cases? -Intentional torts -Comparative negligence -Contributory negligence -Strict liability

-defective, unreasonably

Section 402A of the Restatement imposes strict liability on the seller so long as the injured party can show that the product was in a(n) ______ condition and that the defect rendered the product ______ dangerous. -negligent, unreasonable -defective, inherently -defective, unreasonably -unreasonable, inherently

instructions

The law requires products to carry sufficient warnings and ___________.

Strict

_____________ liability is usually available for abnormally dangerous activities and for defective products.