Exam 10: product liability

In regard to strict liability in tort,which of the following is true in the case of a seller of used goods?

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

Under the doctrine of _________,when a person voluntarily and unreasonably assumes the risk of a known danger,the manufacturer is not liable for any resulting injury.

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 known 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. Which of the following would be an advantageous type of action with which Polly should become associated?

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

Which of the following is true under the UCC regarding the requirement of privity in regard to a breach of warranty action?

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

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

What was the result in James v.Meow Media Inc.,the case in the text addressing whether a video game manufacturer was strictly liable for a teenager's shooting spree?

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. In hopes of escaping liability,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 and help ABC avoid liability 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 the societal value of an inherently dangerous product outweighs the risk of harm from its use,it is known as a(n)________ product.

On a failure to warn claim,adequate warnings and instructions for a product's safe use can shield a manufacturer from liability for a

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

Which of the following is true regarding computer software is considered a product subject to state product liability law?

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 strict product liability law that Paula may use to recover against Drugco? Discuss fully.

Which of the following allows the filing of a lawsuit previously barred by the running of the statute of limitations?

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

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.

In regard to successor liability,courts applying the ______ look for constancy between the buyer and seller to determine whether the successor company is essentially a mere continuation or reincarnation of the predecessor entity.

A few years ago Bernice purchased some medication through her veterinarian for her aging pet iguana,Scales,who had a skin disease. Scales died a few months after beginning the medication. At the time of the death,Bernice thought that Scales had died of natural causes.She just read in the newspaper,however,that a number of reptilian type animals had been harmed by the drug Scales ingested. Bernice immediately talked to her veterinarian who told her that while she now believes the medication was harmful to Scales,it was manufactured by a number of different manufacturers,and there is no way to determine the exact manufacturer of the medication given to Scales. Which of the following is Bernice's best chance at recovery?