Question 1

Medic Equip,Inc. ,makes medical devices.Naomi is injured while using a Medic pacemaker and sues the maker for product liability based on strict liability.To win,Naomi must show that
A)Medic did not use due care with respect to the pacemaker.
B)Naomi was in privity of contract with Medic.
C)Medic misrepresented a material fact on which Naomi relied.
D)none of the choices.

Accepted Answer

To win a product liability case based on strict liability, Naomi does not have to show negligence or a breach of duty by Medic, nor does she need to have a contractual relationship with Medic or show that Medic made a misrepresentation. Strict liability only requires Naomi to prove that the Medic pacemaker was defective and that the defect caused her injury.

Question 2

Fun Toyz Corporation makes skateboards,which it sells to consumers,including Gitana.Gitana is injured due to a defect in the board that causes an accident in which Haley,a bystander,is also injured.In a product liability suit based on strict product liability,Fun Toyz may be liable to
A)Gitana and Haley.
B)Gitana only.
C)Haley only.
D)no one.

Accepted Answer

In a strict product liability case, the manufacturer is held liable for any injuries caused by a defect in their product, regardless of fault or negligence. Both Gitana and Haley were injured due to the defect in Fun Toyz's skateboard, so Fun Toyz may be liable to both of them.

Question 3

Earth Movers,Inc. ,uses dynamite to prepare land for highway projects.Strict liability is imposed on this activity because
A)Earth Movers is a corporation.
B)the activity is inherently negligent.
C)the activity is of a dangerous nature.
D)the government pays for highway construction.

Accepted Answer

Strict liability is imposed on activities that are of a dangerous nature, such as using dynamite for land preparation. It does not depend on the nature of the company or the involvement of the government.

Question 4

Heat Wave,Inc. ,makes portable heaters.To pay its liability for injuries to consumers harmed by defective heaters,Heat Wave can pass the costs on to
A)consumers in the form of higher prices.
B)other manufacturers of heaters on a theory of market share liability.
C)suppliers in the form of "reverse kickbacks." d the government in the form of direct payments.

Accepted Answer

Heat Wave can pass the costs on to consumers in the form of higher prices. This is a common practice for companies to pass on the costs of liability to consumers through increased prices of their products.

Question 5

Ida intentionally mislabels her product in order to increase sales.Jay,a consumer,buys Ida's product.In using it,Jay suffers an injury.To recover for the injury on the basis of the misrepresentation,Jay must
A)assume the risk of the misrepresentation.
B)ignore the misrepresentation.
C)not be influenced by the misrepresentation .
D)rely on the misrepresentation.

Accepted Answer

In order for Jay to recover for the injury on the basis of misrepresentation, he must have relied on the misrepresentation in deciding to purchase the product. If he did not rely on the misrepresentation and was not influenced by it, he may not have a valid claim. However, if he did rely on the misrepresentation, he may be able to recover damages for any injuries he suffered as a result.

Question 6

Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale.Liability may be imposed on Green Glass based on
A)the "reasonableness" of the manufacturer's quality control efforts.
B)the type of the manufacturer's insurance coverage.
C)a manufacturing defect.
D)the opinion and testimony of non-experts.

Accepted Answer

Liability may be imposed on Green Glass if there is a manufacturing defect in their glass bottles, as this would be a breach of their duty to provide a safe product for consumers. The other options do not necessarily determine the liability of Green Glass. The reasonableness of their quality control efforts and insurance coverage may affect their ability to defend against a claim, but it does not determine liability. Testimony of non-experts may be considered as evidence, but it is not the sole determining factor in establishing liability.

Question 7

Rhiana is shopping in Seth's Food Store when a bottle of Truly Bubbly Cola explodes,injuring her.Rhiana files a suit against Truly Bubbly,from whom she can recover only if she can show that she
A)did not assume the risk of the exploding bottle.
B)intended to buy the exploding bottle.
C)used due care in shopping in the store.
D)was injured due to a defect in the product.

Accepted Answer

To recover from Truly Bubbly, Rhiana needs to show that she was injured due to a defect in the product. This is because Truly Bubbly has a duty to provide a safe product, and if there was a defect in the product that caused Rhiana's injury, Truly Bubbly may be liable. The other choices are not relevant to Rhiana's ability to recover from Truly Bubbly.

Question 8

Grady,an obese individual,files a suit against Fry Fast Food Corporation (FFFC),alleging that FFFC's food is unhealthy because,as Grady knows,it contains high levels of cholesterol and saturated fat.Grady is most likely to
A)lose,because Grady assumed the risk when he bought FFFC's food.
B)lose,because Grady knows of the food's unhealthiness.
C)win,because FFFC's food poses an unhealthy risk to Grady.
D)win,because Grady knows of the food's unhealthiness.

Accepted Answer

The answer of Grady,an obese individual,files a suit against Fry...

Question 9

Farm Equip,Inc. ,makes farming machinery.Gail discovers that her Farm Equip tractor is defective and sues the maker for product liability based on negligence.To win,Gail must show that
A)Farm Equip sold the tractor to Gail.
B)Gail knew and appreciated the risk caused by the defect.
C)Gail suffered an injury caused by the defect.
D)the "defect" was a commonly known danger.

Accepted Answer

To successfully sue for product liability based on negligence, Gail must show that she suffered an injury caused by the defect. The other options presented are not necessary for her to win the case.

Question 10

Eva owns Fast-Rate Salvage,a demolition company.A demolition by a Fast-Rate crew injures Glen,a passerby.Under the theory of strict liability,Eva must pay for Glen's injury
A)only if Glen's injury was not reasonably foreseeable. 
B) only if Glen's injury was reasonably foreseeable.
C)only if the Fast-Rate crew was at fault.
D)whether or not the Fast-Rate crew was at fault.

Accepted Answer

Under the theory of strict liability, Eva is responsible for injuries caused by her company's activities, regardless of whether or not her employees were at fault. Therefore, Eva must pay for Glen's injury regardless of fault.

Question 11

Air Navigation,Inc. ,makes aviation guidance systems.Ollie is injured in a crash caused by a defective Air Navigation product.A statute restricts the time within which Ollie may file a product liability suit against Air Navigation regardless of when he was injured.This is a statute of
A)limitations.
B)preemption.
C)repose.
D)suspension.

Accepted Answer

The answer of Air Navigation,Inc. ,makes aviation guidance systems.Ollie is...

Question 12

Mixing Equipment,Inc.(MEI),makes paint-mixing equipment.Nia is injured by a defective MEI mixer.A statute restricts the time within which,after Nia is injured,she may file a product liability suit.This is a statute of
A)limitations.
B)preemption.
C)repose.
D)suspension.

Accepted Answer

A statute of limitations is a law that sets a specific time limit for filing a lawsuit after a specific event, such as being injured by a defective product. Once the statute of limitations has expired, the injured party will no longer be able to sue for damages. Preemption, repose, and suspension are all legal concepts that are different from statutes of limitations.

Question 13

Safe-T-Made Company makes electrical cords and other connectors for electronic devices.Rowena files a product liability suit against Safe-Rite,alleging a warning defect.Under the Restatement (Third)of Torts: Products Liability,in deciding whether to hold Safe-T-Made liable,the court may consider
A)the expectations of the seller.
B)the identities of the company's owner.
C)the intentions of the manufacturer.
D)the characteristics of expected users.

Accepted Answer

The Restatement (Third) of Torts: Products Liability states that in determining whether a warning is adequate, the court shall consider the foreseeable expectations of the product's ordinary users and the characteristics of the foreseeable classes of users who may use the product. Therefore, the characteristics of expected users (Choice D) would be a relevant factor in deciding whether to hold Safe-T-Made liable. The expectations of the seller (Choice A) and the intentions of the manufacturer (Choice C) may also be relevant factors, but are not as directly related to the warning defect alleged in this case. The identities of the company's owner (Choice B) are not relevant in determining product liability.

Question 14

GR8 Skates Company makes and sells a pair of skates to Homer.GR8 fails to exercise "due care" to make the skates safe,and Homer is injured as a result.GR8 is most likely liable for
A)assumption of risk.
B)knowledgeable use.
C)negligence.
D)foreseeable misuse.

Accepted Answer

GR8 Skates Company failed to exercise "due care" to make the skates safe, which means that they were negligent in their actions. Negligence is the failure to exercise reasonable care to avoid injuring others, and it is likely that GR8 is liable for Homer's injuries as a result of their negligence. Option A, assumption of risk, would only apply if Homer knew and understood the risks of using the skates but chose to use them anyway. Option B, knowledgeable use, implies that Homer knows how to use the skates properly, but GR8 failed to make them safe. Option D, foreseeable misuse, suggests that Homer used the skates in a way that was not intended or reasonably foreseeable, but that is not the case based on the scenario given.

Question 15

Ceramic Tile Company designs and makes floor tiles.In a product liability suit based on negligence,Ceramic could be liable for violating its duty of care with respect to
A)neither the design nor the making of the tiles.
B)the design and the making of the tiles.
C)the design of the tiles only.
D)the making of the tiles only.

Accepted Answer

In a product liability suit based on negligence, Ceramic Tile Company could be held liable for both the design and the making of the tiles. The company has a duty of care to design and make tiles that are safe for their intended use, and failure to uphold this duty could result in liability.

Question 16

Welding Systems,Inc.(WSI),makes welding torches,masks,and related products.A WSI product may be unreasonably dangerous due to
A)a defect in its design.
B)the expectations of its seller.
C)the intentions of its distributor.
D)the method of accounting of its maker.

Accepted Answer

A defect in its design could make the product unreasonably dangerous, meaning that it is unsafe for its intended use or any reasonably foreseeable use. This could lead to injuries or damages for users of the product. The expectations of the seller, intentions of the distributor, and method of accounting of the maker are not directly related to the safety of the product.

Question 17

Kitchen Kutters Corporation (KKC)makes kitchen knives and other consumer products.KKC could be liable for a design defect if there is a foreseeable risk of harm posed by a product and
A)the omission of a warning renders the product not reasonably safe.
B)there is a lack of care in making of the product.
C)there is a reasonable alternative design.
D)there is not a reasonable alternative design.

Accepted Answer

KKC could be liable for a design defect if there is a foreseeable risk of harm and there is a reasonable alternative design that could have been used to prevent the harm.

Question 18

Pharma Company,Quitox Corporation,and Renal,Inc. ,are drug makers.Med Sales Company and National OTC,Inc. ,are drug distributors.In a suit against all of these parties in which market-share liability is imposed,most likely to be liable are
A)neither the distributors nor the makers.
B)the distributors and the makers.
C)the distributors only.
D)the makers only.

Accepted Answer

In a market-share liability lawsuit, all parties that manufactured or distributed the product in question are potentially liable, as they all contributed to the market for the product. Therefore, both the drug makers (Quitox Corporation and Renal, Inc.) and the drug distributors (Med Sales Company and National OTC, Inc.) are likely to be liable in this scenario.

Question 19

Reilly makes a fraudulent misrepresentation to Sonny,a consumer,who buys Reilly's product.In using the product,Sonny suffers an injury.To serve as a basis for recovery,the misrepresentation must concern
A)a material fact.
B)a national fact.
C)an ethereal fact.
D)a scientific fact.

Accepted Answer

In order to serve as a basis for recovery, the misrepresentation must concern a material fact. This means that the misrepresentation must be a statement made by the seller that is false and relates to a significant aspect of the product being sold, which could potentially influence the consumer's decision to purchase the product. This could include information about the product's quality, safety, ingredients, or any other attribute that is important to the consumer's decision-making process.

Question 20

Yard Tool Company makes and leases a backhoe to Zack.Due to a defect attributable to Yard Tool's negligence,Zack is injured in an accident in which his neighbor Aron is also hurt.In a product liability suit based on negligence,Yard Tool may be liable to
A)Aron only.
B)no one.
C)Zack and Aron.
D)Zack only.

Accepted Answer

Yard Tool may be liable to both Zack and Aron because the defect in the backhoe was due to Yard Tool's negligence, which led to the injury of both parties. It is possible for Yard Tool to be liable for product liability based on negligence in this case.

Quiz 13: Strict Liability and Product Liability

Medic Equip,Inc. ,makes medical devices.Naomi is injured while using a Medic pacemaker and sues the maker for product liability based on strict liability.To win,Naomi must show that

Fun Toyz Corporation makes skateboards,which it sells to consumers,including Gitana.Gitana is injured due to a defect in the board that causes an accident in which Haley,a bystander,is also injured.In a product liability suit based on strict product liability,Fun Toyz may be liable to

Earth Movers,Inc. ,uses dynamite to prepare land for highway projects.Strict liability is imposed on this activity because

Heat Wave,Inc. ,makes portable heaters.To pay its liability for injuries to consumers harmed by defective heaters,Heat Wave can pass the costs on to

Ida intentionally mislabels her product in order to increase sales.Jay,a consumer,buys Ida's product.In using it,Jay suffers an injury.To recover for the injury on the basis of the misrepresentation,Jay must

Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale.Liability may be imposed on Green Glass based on

Rhiana is shopping in Seth's Food Store when a bottle of Truly Bubbly Cola explodes,injuring her.Rhiana files a suit against Truly Bubbly,from whom she can recover only if she can show that she

Grady,an obese individual,files a suit against Fry Fast Food Corporation (FFFC) ,alleging that FFFC's food is unhealthy because,as Grady knows,it contains high levels of cholesterol and saturated fat.Grady is most likely to

Farm Equip,Inc. ,makes farming machinery.Gail discovers that her Farm Equip tractor is defective and sues the maker for product liability based on negligence.To win,Gail must show that

Eva owns Fast-Rate Salvage,a demolition company.A demolition by a Fast-Rate crew injures Glen,a passerby.Under the theory of strict liability,Eva must pay for Glen's injury

Air Navigation,Inc. ,makes aviation guidance systems.Ollie is injured in a crash caused by a defective Air Navigation product.A statute restricts the time within which Ollie may file a product liability suit against Air Navigation regardless of when he was injured.This is a statute of

Mixing Equipment,Inc.(MEI) ,makes paint-mixing equipment.Nia is injured by a defective MEI mixer.A statute restricts the time within which,after Nia is injured,she may file a product liability suit.This is a statute of

Safe-T-Made Company makes electrical cords and other connectors for electronic devices.Rowena files a product liability suit against Safe-Rite,alleging a warning defect.Under the Restatement (Third) of Torts: Products Liability,in deciding whether to hold Safe-T-Made liable,the court may consider

GR8 Skates Company makes and sells a pair of skates to Homer.GR8 fails to exercise "due care" to make the skates safe,and Homer is injured as a result.GR8 is most likely liable for

Ceramic Tile Company designs and makes floor tiles.In a product liability suit based on negligence,Ceramic could be liable for violating its duty of care with respect to

Welding Systems,Inc.(WSI) ,makes welding torches,masks,and related products.A WSI product may be unreasonably dangerous due to

Kitchen Kutters Corporation (KKC) makes kitchen knives and other consumer products.KKC could be liable for a design defect if there is a foreseeable risk of harm posed by a product and

Pharma Company,Quitox Corporation,and Renal,Inc. ,are drug makers.Med Sales Company and National OTC,Inc. ,are drug distributors.In a suit against all of these parties in which market-share liability is imposed,most likely to be liable are

Reilly makes a fraudulent misrepresentation to Sonny,a consumer,who buys Reilly's product.In using the product,Sonny suffers an injury.To serve as a basis for recovery,the misrepresentation must concern

Yard Tool Company makes and leases a backhoe to Zack.Due to a defect attributable to Yard Tool's negligence,Zack is injured in an accident in which his neighbor Aron is also hurt.In a product liability suit based on negligence,Yard Tool may be liable to