Exam 10: Product Liability.

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

The FDA requires that manufacturers provide full labeling in __________ for nonprescription drugs sold in the United States mainland.

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.

A court is not bound by the Restatement's formulation of product liability law.

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

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

A seller should enter into a contract of indemnity with a manufacturer giving the seller a right to reimbursement if found liable for a defect caused by the manufacturer.

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

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?

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.

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

Which of the following is NOT true regarding product liability in the European Union according to the European Union product liability directive?

Under the __________ defense,a manufacturer is not liable to a sophisticated user of its product for failure to wan of a risk harm,or danger if the sophisticated user knew or should have known of the risk,harm,or danger.

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.What type of damages would likely give Polly the most significant recovery?

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 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?

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

Scuba manufacturer designs and sells the best scuba gear on the market.All 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 on a unit malfunctioned resulting in a diver needing medical care.Assuming recognition in the jurisdiction involved,which of the following is the best defense to a lawsuit alleging a design defect brought by the diver?

Most states in the United States have adopted strict product liability whereby an injured person may recover damages by showing that a defendant was negligent.

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.