fin 240 kaplowitz worksheet 7.2: strict product liability

All of the following are examples of a manufacturing defect except:

a poorly designed product

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

advertising agencies

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 _____ reasonably _____.

alternative, adopt, not, safe

The social policy behind strict product liability includes all of the following EXCEPT:

consumers generally are not very aware or careful with their products

The basis for an action in strict liability which is set forth in the Restatement (Second) of Torts Section 402A can be summarized by the following six requirements. The product must have been in a _____ when the defendant sold it. The defendant must normally be engaged in the _____ (or otherwise distributing) that product. Most of the states require that the product must be _____ to the user or consumer because of its defective condition. The plaintiff must incur _____ to self or property by use or consumption of the product. The defective condition must be the _____ of the injury or damage. The goods must not have been _____ from the time the product was sold to the time the injury was sustained.

defective condition, business of selling, unreasonably dangerous, physical harm, proximate cause, substantially damaged

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

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

false

When a company makes a product as safe as is economically realistic, and that product does not exceed the expectation of danger for a normal customer, that product is unreasonably dangerous.

false

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

_____ 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.

risk-utility analysis

A company that manufactures children's games should have bright and bold warnings that are presented in simple terms.

true

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

true

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

true

Market-share liability is a theory used when plaintiffs cannot prove which of many distributors of a harmful product supplied the particular product that caused the injuries.

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 _____.

unreasonably dangerous