Question 1

Stents Inc. makes medical devices. Toni files a product liability suit against Stents, alleging a warning defect with respect to its device. In deciding whether to hold the maker liable, the court may consider whether

Accepted Answer

A)   the omission of a warning rendered the device not reasonably safe.
B)   there was a reasonable alternative design.
C)   the maker used due care in making the device.
D)   the patient took due care of her health.E) C) and D)
F) None of the above

Question 2

Under the doctrine of strict liability, a defendant's liability depends on privity of contract.

Accepted Answer

A) True 
 B)False

Question 3

Cultivator Inc. designs and makes tractors, balers, and other farm equipment. In a product liability suit based on negligence, Cultivator could be liable for failing to exercise due care with respect to all of the following except

Accepted Answer

A)   the inspection of components purchased to use in the equipment.
B)   the selection of materials used to make the equipment.
C)   the assembly and testing of the equipment.
D)   the growth of the equipment's sales.E) B) and D)
F) A) and B)

Question 4

Bedding Plus Inc. makes a pillow that Comfort Stuff sells to Demi. Bedding fails to exercise "due care," and Demi is injured by toxic material used as fill in the pillow. Comfort Stuff is most likely liable for

Accepted Answer

A)   misrepresentation.
B)   none of the choices.
C)   negligence.
D)   product misuse.E) A) and D)
F) A) and C)

Question 5

Some courts do not allow assumption of risk as a defense to a strict product liability claim because the theory focuses on the nature of a product, not the plaintiff's conduct.

Accepted Answer

A) True 
 B)False

Question 6

Product misuse is recognized as a defense to a claim for product liability only when the particular misuse was reasonably foreseeable.

Accepted Answer

A) True 
 B)False

Question 7

Wild Life LLC keeps and displays domestic and wild animals in a rural setting for an interested public. Strict liability is imposed on this activity because

Accepted Answer

A)   Wild Life is not a corporation.
B)   the public is considered inherently negligent.
C)   the activity is extremely risky.
D)   the amount of liability can be added to the costs of attendance.E) B) and C)
F) A) and D)

Question 8

Steps & Rungs Inc. makes ladders. Ty discovers that his Steps & Rungs ladder is defective and sues the maker for product liability based on strict liability. To win, Ty must show that

Accepted Answer

A)   Ty bought the ladder from Steps & Rungs.
B)   all of the choices.
C)   the ladder was in a defective condition when Steps & Rungs sold it.
D)   Ty is normally engaged in the business use of ladders.E) C) and D)
F) None of the above C

Question 9

A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.

Accepted Answer

A) True 
 B)False

Question 10

Liability is imposed on a manufacturer for a manufacturing defect only when the manufacturer's quality control efforts were "reasonable."

Accepted Answer

A) True 
 B)False

Question 11

In a product liability suit based on a design defect, a manufacturer is liable only when the harm was not reasonably preventable.

Accepted Answer

A) True 
 B)False

Question 12

Bounce Company makes trampolines and other gym equipment. Chet files a product liability suit against Bounce, alleging a warning defect in one of its products. In deciding whether to hold Bounce liable, the court may consider that a manufacturer has no duty to warn about risks that are

Accepted Answer

A)   avoidable by an alternative design.
B)   foreseeable.
C)   contrary to the instructions for the use of the product.
D)   obvious.E) B) and D)
F) All of the above

Question 13

Fit Corporation makes running shoes. Gaby, a marathoner, files a product liability suit against Fit, alleging a design defect. In deciding whether to hold the company liable, the court may consider an alternative design's

Accepted Answer

A)   popularity among consumers.
B)   weight and heft.
C)   aesthetics.
D)   advantages and disadvantages.E) None of the above
F) B) and C) D

Question 14

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely

Accepted Answer

A)   assumption of risk.
B)   knowledgeable user.
C)   commonly known danger.
D)   none of the choices.E) C) and D)
F) A) and D)

Question 15

Sail-Away Corporation makes sailboards, which are distributed by Tropical Marketing Company to UV Sports Stores Inc., which sells them to consumers. Wen is injured while using a Sail-Away board that he bought from UV Sports. In a product liability suit based on strict liability, Wen may recover from

Accepted Answer

A)   Sail-Away only.
B)   Sail-Away, Tropical, or UV Sports.
C)   UV Sports only.
D)   none of the choices.E) B) and D)
F) B) and C)

Question 16

Felice is injured when a can of Ground-Up explodes into flames. Herbicides Inc. manufactured the Ground-Up. Under product liability laws, Felice's options include

Accepted Answer

A)   any of the choices.
B)   ordering a halt to the production of Ground-Up.
C)   issuing a recall of all Ground-Up.
D)   suing Herbicides Inc.E) All of the above
F) A) and B)

Question 17

Sea Wind Corporation makes boats. Teresa files a product liability suit against Sea Wind, alleging a design defect. In deciding whether to hold the maker liable, the court may consider an alternative design's

Accepted Answer

A)   popularity among boat designers.
B)   attractiveness to boat buyers.
C)   frequency of use among boat makers.
D)   effect on Sea Wind's boat.E) A) and D)
F) B) and D)

Question 18

Bright n' Clean Company makes shampoo and other hair care products. Cub is injured by the use of a Bright n' Clean product and sues the company for product liability based on negligence. To win, Cub must show that

Accepted Answer

A)   Bright n' Clean failed to use due care in making the product.
B)   Bright n' Clean recklessly disregarded facts in its ad copy.
C)   Cub was not a hair care professional, such as a barber.
D)   Cub was in privity with Bright n' Clean.E) B) and C)
F) A) and B) A

Question 19

The explosive demolition of a rock formation by Mountain Blasters Inc. injures Noh, who is hiking on a nearby slope. Under the doctrine of strict liability, Mountain Blasters must pay for Noh's injury

Accepted Answer

A)   only if the company failed to use reasonable care.
B)   only if the company was greater than 50 percent at fault.
C)   only if the company was entirely at fault.
D)   without regard to the fault of the company.E) A) and B)
F) All of the above

Question 20

Recharge Corporation makes batteries. Sol is injured when the Recharge battery in his phone bursts into flame. In Sol's product liability suit against the maker, alleging a design defect, the court may consider

Accepted Answer

A)   Recharge's knowledge of the uses of its battery.
B)   Recharge's share of its market.
C)   Recharge's advertising.
D)   an available alternative design.E) C) and D)
F) None of the above

Exam 7: Strict Liability and Product Liability

Stents Inc. makes medical devices. Toni files a product liability suit against Stents, alleging a warning defect with respect to its device. In deciding whether to hold the maker liable, the court may consider whether

Correct AnswerverifiedShow Answer

Under the doctrine of strict liability, a defendant's liability depends on privity of contract.

Correct AnswerverifiedShow Answer

Cultivator Inc. designs and makes tractors, balers, and other farm equipment. In a product liability suit based on negligence, Cultivator could be liable for failing to exercise due care with respect to all of the following except

Correct AnswerverifiedShow Answer

Bedding Plus Inc. makes a pillow that Comfort Stuff sells to Demi. Bedding fails to exercise "due care," and Demi is injured by toxic material used as fill in the pillow. Comfort Stuff is most likely liable for

Correct AnswerverifiedShow Answer

Some courts do not allow assumption of risk as a defense to a strict product liability claim because the theory focuses on the nature of a product, not the plaintiff's conduct.

Correct AnswerverifiedShow Answer

Product misuse is recognized as a defense to a claim for product liability only when the particular misuse was reasonably foreseeable.

Correct AnswerverifiedShow Answer

Wild Life LLC keeps and displays domestic and wild animals in a rural setting for an interested public. Strict liability is imposed on this activity because

Correct AnswerverifiedShow Answer

Steps & Rungs Inc. makes ladders. Ty discovers that his Steps & Rungs ladder is defective and sues the maker for product liability based on strict liability. To win, Ty must show that

Correct AnswerverifiedC

A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.

Correct AnswerverifiedShow Answer

Liability is imposed on a manufacturer for a manufacturing defect only when the manufacturer's quality control efforts were "reasonable."

Correct AnswerverifiedShow Answer

In a product liability suit based on a design defect, a manufacturer is liable only when the harm was not reasonably preventable.

Correct AnswerverifiedShow Answer

Bounce Company makes trampolines and other gym equipment. Chet files a product liability suit against Bounce, alleging a warning defect in one of its products. In deciding whether to hold Bounce liable, the court may consider that a manufacturer has no duty to warn about risks that are

Correct AnswerverifiedShow Answer

Fit Corporation makes running shoes. Gaby, a marathoner, files a product liability suit against Fit, alleging a design defect. In deciding whether to hold the company liable, the court may consider an alternative design's

Correct AnswerverifiedD

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Felice is injured when a can of Ground-Up explodes into flames. Herbicides Inc. manufactured the Ground-Up. Under product liability laws, Felice's options include

Correct AnswerverifiedShow Answer

Sea Wind Corporation makes boats. Teresa files a product liability suit against Sea Wind, alleging a design defect. In deciding whether to hold the maker liable, the court may consider an alternative design's

Correct AnswerverifiedShow Answer

Bright n' Clean Company makes shampoo and other hair care products. Cub is injured by the use of a Bright n' Clean product and sues the company for product liability based on negligence. To win, Cub must show that

Correct AnswerverifiedA

The explosive demolition of a rock formation by Mountain Blasters Inc. injures Noh, who is hiking on a nearby slope. Under the doctrine of strict liability, Mountain Blasters must pay for Noh's injury

Correct AnswerverifiedShow Answer

Recharge Corporation makes batteries. Sol is injured when the Recharge battery in his phone bursts into flame. In Sol's product liability suit against the maker, alleging a design defect, the court may consider

Correct AnswerverifiedShow Answer

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C

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D

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A

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