Exam 10: product liability

Who are the potential defendants under a strict product liability action? What must be shown to recover against each? Would the same defendants be liable if plaintiff had sued on the basis of negligence? Discuss fully.

All states in the U.S.have accepted market-share liability.

Under the doctrine of _________,the plaintiff's damages in a strict liability action may be reduced by the degree to which his or her own negligence contributed to the injury.

Which of the following is true regarding defenses in a products liability action?

To recover for a defective product,an injured person must be in a contractual relationship with the seller.

The manufacturer will not be held liable for injuries resulting from ________ of its product.

The preemption defense involves certain ________,which set minimum safety standards for products.

The _________ defense shields a manufacturer from liability for a defective design if no safer product design is generally recognized as being possible.

When multiple manufacturers of identical products are sued in product liability,some courts apportion liability under the ________ doctrine.

Which of the following is true regarding the Restatement (Third)of Torts?

Most states in the United States have adopted strict product liability whereby an injured person may recover damages by showing that a defendant was negligent.

Sally purchased a used toaster at a yard sale.The seller told Sally that the toaster was over ten years old,she had not had any problems with it.Sally takes the toaster home and uses if for a few months.One day,however,as Sally was using the toaster,it malfunctioned and caused a small fire in Sally's kitchen along with significant smoke damage.Sally decides that she wants to sue the manufacturer of the toaster and that she is going to do so within one month of the fire.What would likely be the manufacturer's best defense in a strict liability in tort action brought by Sally?

An unusual use that is reasonably foreseeable may be considered a normal use of a product.

An essential element for recovery in strict liability is proof that the product defect actually harmed the plaintiff or to the plaintiff's property.

ABC Company manufactures a contraption meant to enable a rider to fly behind a ski boat.After a few months,ABC begins to hear of injuries when riders crash into water or boats.The president of ABC Company decides to discontinue business and sell all assets to XYZ Company.The president of XYZ Company is excited to purchase the assets at a bargain price based upon the assertion of the president of ABC that XYZ cannot legally be held liable for the flying accidents.Which of the following is true in a majority of states applying the traditional successor liability rule?

If a product is unavoidably unsafe,the ________ determines whether the dangerous product is also defective.

A court is not bound by the Restatement's formulation of product liability law.

Pat has just purchased a new suit for work from Melvin's.The suit was made by Suitco from a new material called "nouveau fiber." The fiber is actually a recycled element of petroleum.The salesperson described the fiber as "the best and most comfortable stuff ever invented.I own one and it's cool and comfortable." The first time Pat wore his suit to work he broke out in a serious rash and had to be hospitalized.May Pat recover for his injuries from either Melvin's or Suitco? Discuss the theory or theories that Pat could use against each defendant.What defenses are available? Discuss fully.

The government-contractor defense to product liability will not apply if the

A statute of ________ prevents recovery for product injuries by limiting the time period for recovery from the date when the injury occurred.