Exam 10: product liability

Which of the following is true regarding causation in a failure-to-warn claim?

Sam wants to sue a book publisher based on strict product liability in tort because he became ill after eating food he prepared based on a book containing information regarding herbs that were safe for consumption. Which of the following is the publisher's best defense?

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

Under the preemption defense,certain federal laws and regulations that set minimum safety standards are held to preempt state-law product liability claims.

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

The Restatement (Third)requires that any claim of design defect be supported by a showing of a reasonable alternative design.

If the use of a product carries an obvious risk,the manufacturer of the product will not be held liable for injuries that result from ignoring the risk

Sally purchased a used toaster at a yard sale. The seller told Sally that although 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?

Which of the following products has traditionally been viewed as "unavoidably unsafe" by the courts?

In regard to a product liability action,a disclaimer of liability is generally effective.

Set forth what a manufacturer of products under contract to the government must show in order to avoid product liability based on the government-contractor defense along with the rationale for the government-contractor defense.

A ________ cuts off the right to assert a cause of action after a specified period of time from the delivery of the product or the completion of the work.

Under what circumstances will a successor corporation be held liable in a product liability action under the traditional successor liability rule?

A product that was sold without a component part properly fastened to the product is an example of a ________ defect.

Which of the following provides some protection to defendants in that they establish a rebuttable presumption about how long consumers can continue to safely use a product?

Under federal law a retailer who had no role in the manufacture of a defective good may not be held liable to a consumer injured by the good.

In Ramirez v.Plough,Inc.,the case in the text involving the provision of warnings for non-English-speaking Hispanics,the California Supreme Court held that a manufacturer of nonprescription drugs has a duty to warn purchasers about the dangers of its products in ______.

For a defendant to be held strictly liable,the plaintiff must prove that the defect existed at the time the product left the defendant.

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

To prove ________ in a product liability case,the injured party must show that the defendant did not use reasonable care in the design or manufacture of its product.