Exam 10: product liability

Manufacturers of component parts are not liable in strict product liability.

Which state court was the first to adopt the doctrine of strict product liability?

Fact pattern 10-1 Polly buys a new iron and uses it for a few months without incident.She was surprised,however,when one day the iron gave her a significant shock.She suffered no lasting damages,but did have some pain from the incident.A few weeks later she read in the newspaper that the manufacturer had knows for over a year about the iron's propensity to shock users,but had refused to take recall measures.She also read that some users had been severely shocked.Polly was outraged but wondered if she could sue because she really did not have significant injuries. -Refer to fact pattern 10-1.What type of damages would likely give Polly the most significant recovery?

Which of the following members of the chain of distribution cannot be strictly liable in a products lawsuit?

A statute of repose cuts off the right to assert a product liability action.

Courts will not permit a plaintiff to prove negligence by introducing evidence of subsequent remedial measures taken by a defendant to improve a product.

A design defect may result from the manufacturer's choice of the product's materials.

Which of the following is false regarding the SAFETY Act?

Strict liability in tort applies only to products,not to services.

Which of the following is not a rationale of strict product liability?

Under federal law,manufacturers,but not sellers,may be held strictly liable for a defective product.

Scuba manufacturer designs and sells the best scuba gear on the market.Any industry and governmental standards are met,and there is no better technologically feasible design than that used by the manufacturer.There had been no previous problems with the gear,but on one unfortunate day,the breathing apparatus malfunctioned resulting in a diver needing medical care.Which of the following is the best defense to a lawsuit brought by the diver?

A manufacturing defect is a flaw in a particular product such as a failure to meet the design specifications.

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

Which of the following is not a theory on which a product liability claim can be based?

The doctrine of strict product liability is grounded in the common law and was transported to this country from England in the 1800's.

What are the four basic parts of the rationale for strict product liability?

Paula recently went to see her doctor for severe glaucoma.He told her that her vision is in danger and prescribed Seerite made by Drugco.Seerite was the newest and most promising treatment for glaucoma that exists.The product literature stated,"When used as directed,Seerite is 100% safe and effective for glaucoma." After Paula read this she put the literature in the trash.She overlooked a small statement on the back reading "Warning: in 2% of the population this product may produce uncontrollable weight gain." Three weeks after using Seerite,Paula had gained 50 pounds and continued to gain weight rapidly.Paula has stopped using Seerite,but she cannot lose the weight and this condition is now a separate health risk.Is Seerite a defectively designed drug? What defenses would be available to Drugco against this claim? Is there any other theory under product liability law that Paula may use to recover against Drugco? Discuss fully.

Set forth the elements of a strict liability claim.

To prove negligence in a product liability case,the injured party must show that the defendant did not use reasonable care in