Exam 6: Product and Strict Liability

Under the doctrine of strict liability, a plaintiff cannot recover punitive damages for reckless conduct of the defendant.

What is the purpose of the crashworthiness doctrine?

A toy manufacturer sells G.I.Joe figurines containing miniature limbs and weapons that could be swallowed by small children.It can be subject to a strict liability action owing to a defect in design.

Spring Stream sells bottled water that it claims contain vital minerals and salts not found in rival brands.The company also claims that using tamperproof seals on the bottles would minimize the health benefits of the water.As a result, many shady establishments refill these water bottles with contaminated water and sell them again.People who drink the water suffer from various water-borne diseases.Which of the following forms the grounds on which affected customers can bring a strict liability lawsuit against Spring Stream?

Bartie's, Inc.sells watercolors and pastels that are marketed as safe for use by children.However, several accounts of lead poisoning were reported in children who used the products.An investigation revealed that the company was knowingly manufacturing colors that contained toxic amounts of the heavy metal.Which of the following torts has Bartie's, Inc.committed?

An injured party may bring a negligence lawsuit against the distributors and retailers of the defective product.

The plaintiff in a product liability lawsuit has suffered $100, 000 worth of damages from an automobile accident.A defect in manufacture of the plaintiff's vehicle is found to be 60 percent responsible for the accident, while the plaintiff's own negligence is 40 percent responsible.Under the doctrine of comparative negligence, how much would the defendant-the manufacturer of the vehicle-have to pay the plaintiff in damages?

The liability of manufacturers, sellers, lessors, and others for injuries caused by defective products is commonly referred to as product liability.

According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product?

________ refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction.

To assert ________ as a defense, the defendant must prove that the plaintiff knew and appreciated the risk of the product.

A manufacturer of matches is not strictly liable if an arsonist uses their matches to light fire to a building.

When the containers of a product are not tamperproof, it is termed as a ________.

In hybrid transactions that involve both services and products, the dominant element of the transaction dictates whether strict liability applies.

Any alteration or modification of a product after it leaves the seller's possession can make the seller strictly liable for injuries caused by the product.

Diane bought an action figure for her son David from Terrence's Toy Shop.The packaging did not mention that the toy contained small detachable parts.David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital.On which of the following product liability charges can Diane sue Terrence's Toy Shop for damages?

Plaintiffs can allege multiple product defects in one lawsuit.

A defendant who has not been negligent but who is made to pay a strict liability judgment can bring a separate action against the negligent party in the chain of distribution to recover its losses.

Privity of contract between the plaintiff and the defendant is not required in a strict liability suit.

A tamperproof seal on a product is considered as a defect in packaging.