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Exam 10: Product Liability

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Question 31

True/False

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After the landmark 1916 MacPherson case, any foreseeable plaintiff can sue a manufacturer for its breach of duty of care.

A) True
B) False

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Question 32

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________ law is based primarily on tort law.

A) Contract
B) Product liability
C) Administrative
D) Negligence
E) International

F) All of the above
G) A) and B)

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Question 33

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If parties other than the original purchaser will be likely to use the product, warnings should be placed on the product itself.

Japanese law does not recognize fault on the part of the consumer in product liability cases, forcing manufacturers to bear the full burden of liability when a product is found to be defective.

Which statement is true regarding defenses to negligence-based product liability actions?

[Scissors Injury] Yvonne bought a new pair of large-sized, extra-sharp scissors made by CutCo at her local store, BuyStuff. At the time of purchase, Yvonne noticed that the packaging was torn. The clerk offered her a discount because of the damage. When Yvonne tried to open the package containing the scissors at home, she found the hard plastic packaging was difficult to open. Her roommate, Gwen, handed her a knife to cut the packaging. While Yvonne was cutting, the hard plastic sliced her finger, causing her to drop the package. When the package fell, the scissors fell out of the package onto Yvonne's toe. Gwen then picked up the scissors and ran to call an ambulance. Unfortunately, she tripped and fell while running with the scissor blades facing up, and was stabbed in the stomach. Yvonne and Gwen each suffered injuries and sued CutCo and BuyStuff, alleging strict product liability. -What must Yvonne prove to succeed in a strict-liability action?

[Squirt Gun Mishap] Marie decided to purchase a large squirt gun for her son, Alex, to use while playing in the pool. The squirt gun was of a very elaborate variety and had a number of different attachments for different sprays of water. The squirt gun came with instructions for assembly and use, and provided warnings against various types of misuse. The pamphlet that came with the squirt gun advised that the squirt gun should be used only under adult supervision, that it must not be used by children under 11 years old, and that nothing should be put into the squirt gun except water. Alex had a party for his tenth birthday at the pool. A number of children came. A guest, Sophie, age 10, decided to load pebbles along with water into the gun. She began shooting the gun and hit Rachel, another guest, in the eye, requiring treatment at an emergency room. Rachel required some minor surgery, but sustained no permanent injury. Rachel's parents stated that they looked at the squirt gun when they initially arrived at the party, but did not notice any warnings affixed directly to the product. Rachel's parents want to sue someone for something, but they do not particularly want to sue Marie, their friend and hostess of the party. -Which statement is true regarding a lawsuit brought by Rachel's parents against the manufacturer of the squirt gun for strict liability?

In a product liability action in which strict liability is alleged, courts focus on ________.

[Scissors Injury] Yvonne bought a new pair of large-sized, extra-sharp scissors made by CutCo at her local store, BuyStuff. At the time of purchase, Yvonne noticed that the packaging was torn. The clerk offered her a discount because of the damage. When Yvonne tried to open the package containing the scissors at home, she found the hard plastic packaging was difficult to open. Her roommate, Gwen, handed her a knife to cut the packaging. While Yvonne was cutting, the hard plastic sliced her finger, causing her to drop the package. When the package fell, the scissors fell out of the package onto Yvonne's toe. Gwen then picked up the scissors and ran to call an ambulance. Unfortunately, she tripped and fell while running with the scissor blades facing up, and was stabbed in the stomach. Yvonne and Gwen each suffered injuries and sued CutCo and BuyStuff, alleging strict product liability. -What must a plaintiff show to establish a claim for breach of express warranty?

What is another name for the risk-utility test?

Which of the following theories of recovery are commonly used in product liability cases?

In a product liability lawsuit, a mere bystander may not invoke the doctrine of strict liability.

Quinton is excited to start a new company that manufactures outside yard ornaments. If you are advising Quinton about product liability insurance, which of the following is true?

Under a strict product liability theory, courts can hold liable ________ to any reasonably foreseeable injured party.

Under the Restatement (Third) of Torts, which of the following results in strict liability?

[Squirt Gun Mishap] Marie decided to purchase a large squirt gun for her son, Alex, to use while playing in the pool. The squirt gun was of a very elaborate variety and had a number of different attachments for different sprays of water. The squirt gun came with instructions for assembly and use, and provided warnings against various types of misuse. The pamphlet that came with the squirt gun advised that the squirt gun should be used only under adult supervision, that it must not be used by children under 11 years old, and that nothing should be put into the squirt gun except water. Alex had a party for his tenth birthday at the pool. A number of children came. A guest, Sophie, age 10, decided to load pebbles along with water into the gun. She began shooting the gun and hit Rachel, another guest, in the eye, requiring treatment at an emergency room. Rachel required some minor surgery, but sustained no permanent injury. Rachel's parents stated that they looked at the squirt gun when they initially arrived at the party, but did not notice any warnings affixed directly to the product. Rachel's parents want to sue someone for something, but they do not particularly want to sue Marie, their friend and hostess of the party. -Which statement is true regarding warnings and the usage of products by children?

[Disappointing Boat Purchase] Ava went to purchase a new boat. She wanted a boat she could use in a nearby lake and also take to the coast for use in ocean waters. Ava saw a boat she liked in the showroom. She showed the boat to Brock, the sales representative at the dealership, and stated that she wanted a boat for both lake usage and ocean usage. Brock told her that the dealership had the best boats in the state, that the engine was great in the boat she liked, and that she would have no problem with steering or with the carburetor. He said nothing about whether or not the boat was an appropriate vessel for ocean waters. Ava purchased the boat. She immediately began to have significant problems with it. The engine did not perform adequately, and there were problems with the steering and carburetor. Additionally, Ava attempted to take the boat onto ocean waters and had significant difficulty. She later discovered that it was not an ocean-going vessel. It was only appropriate for lake usage. -Which of the following is true concerning Brock's statement that the boats at the dealership were the best in the state?

In order to prevail in a product liability action, a plaintiff must establish to a certainty that the product was not damaged after its purchase.

Under the current law, which entities may be sued in product liability actions?

Product liability law is based on tort law.