Worksheet 7.2: Strict Product Liability

31 August 2022
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question
The social policy behind strict product liability includes all of the following EXCEPT: a. consumers deserve protection from unsafe products. b. manufacturers can bear the costs of injuries easier than consumers. c. manufacturers should be responsible for injuries they cause. d. consumers generally are not very aware or careful with their products.
answer
d. consumers generally are not very aware or careful with their products.
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The doctrine of strict product liability does NOT apply to which of the following? a. assemblers b. packagers c. bottlers d. manufacturers e. processors f. advertising agencies g. wholesalers h. retailers i. distributors
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f. advertising agencies
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3. In a strict product liability lawsuit, the product must be in a defective condition when the defendant sells it. a. True b. False
answer
True
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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.
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defective condition, business of selling, unreasonably dangerous, physical harm, proximate cause, substantially changed
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In a strict product liability lawsuit, the plaintiff has to show why or in what manner the product became defective. a. True b. False
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False
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Because many products cannot be made 100 percent safe for all uses, sellers are only liable for products that are: dangerous after a few years dangerous when used incorrectly unreasonably dangerous reasonably dangerous
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unreasonably dangerous
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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. a. True b. False
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False
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All of the following are examples of a manufacturing defect except: a. a physically flawed product. b. a poorly designed product. c. an incorrectly assembled product. d. nonconformity with design specifications.
answer
b. a poorly designed product.
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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. a. True b. False
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False
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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 _____. .
answer
alternative, adopt, not, safe
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________ 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. Gross benefits analysis Net cost Unweighted benefits analysis Risk-utility analysis Reasonable use analysis
answer
Risk-utility analysis
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A company that manufactures children's games should have bright and bold warnings that are presented in simple terms. a. True b. False
answer
true
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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.
answer
duty, foreseeable, reasonableness
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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. a. True b. False
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true
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If a defective product injures a bystander, the bystander can sue the manufacturer for strict liability. a. True b. False
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true
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The doctrine of strict product liability applies to suppliers of component parts. a. True b. False
answer
true