Exam 6: Product Liability

Opal is working on a construction site when she is injured on the job in the collapse of a Plank Company-made ceiling beam. At the time, Opal is not wearing any safety gear. In Opal's product liability suit against Plank, the company can most successfully raise the defense of

Touch Screens Inc. makes and markets tablets. When problems develop with Touch products or sales, the company may be liable in product liability for any of the following except

A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.

The types of product defects that have traditionally been recognized in product liability law include careless marketing.

Insulate Inc. makes and sells fire-retardant building materials. In a product liability suit against Insulate, a court would use a risk-utility analysis of the company's product as designed to determine whether

To be liable on a theory of strict product liability, a defendant must be in a better position than the plaintiff to bear the costs associated with the harm caused by a product.

Garage Doors Inc. sells garage door openers to a Home & Yard Hardware store, where Ian buys one of openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Doors, Ian must file a suit within four years of

A product will be considered defective when the omission of reasonable warnings renders the product not reasonably safe.

Under the doctrine of strict liability, persons are liable only for the results of their intentional acts or their failure to exercise due care.

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely

EZ Co-op Inc. sells Fill-Up cattle feed to ranchers. Gina buys and feeds Fill-Up to her herd. The feed is poisoned. Gina sues EZ for product liability based on negligence. To win, Gina must show

Only big businesses face potential liability for the products they sell.

Stents Inc. makes medical devices. Toni files a product liability suit against Stents, alleging a warning defect with respect to its device. In deciding whether to hold the maker liable, the court may consider whether

Mai is struck and injured when the brakes fail on Novi's all-terrain vehicle (ATV), which is damaged in the collision. Off-Road Inc. sold the ATV to Novi. Under product liability laws, Off-Road could be liable to

Quint is injured when a can of Remove-It explodes into flames. Solvents Inc. manufactured the Remove-It. Under product liability laws, Quint's options include

Bedding Plus Inc. makes a pillow that Comfort Stuff sells to Demi. Bedding fails to exercise "due care," and Demi is injured by toxic material used as fill in the pillow. Comfort Stuff is most likely liable for

Rev Motor Company buys plugs and points from Sparkplugs Inc. and puts them in Rev vehicles without changing their composition. If the parts are defective, strictly liable for any damage caused by the defects may be

Holding defendants strictly liable for manufacturing defects encourages greater investment in product safety.

A manufacturer does not need to inspect and test any purchased components used in the final product to avoid product liability.

Even if particular users of a product commonly know of a particular danger, the product's maker may be liable for failing to warn these users of the danger.