Exam 13: Product Advertising and Liability

Takata manufactures air bags that are sold to automakers for installation in their vehicles.A series of Takata air bags were prone to explosion,and resulted in the recall of 19 million vehicles in the United States,8 deaths,and hundreds of injuries.When the air bags explode,they send shrapnel throughout the vehicles. -Which of the following statements is correct about the air bag victims?​

Gillham purchased an Admiral TV and shortly thereafter read of the propensity of the TVs to overheat and burst into flames.While watching TV,his set exploded and burned.He experienced rippling burns.Can Gillham recover? Discuss various issues and defenses in the case.

Lowe's advertised a barbeque grill for $99 in its newspaper ad.When the Smith's arrived at Lowe's to buy the barbecue,a Lowe's salesman said,"Oh,we don't have any in stock.But,what you need is this model for $149." Lowe's had no $99 barbecues in stock,even before the ad was placed.

The U.S.Army purchased a large number of Bell Jet Ranger helicopters in 1963.Many of the helicopters served tours of duty in Vietnam and after the war were returned to the United States.Because of damages sustained during the war,many of the helicopters' engines were rebuilt.In 1974,one of the helicopters with a rebuilt engine crashed because of engine failure.The families of the two servicemen killed in the accident wish to recover from Bell under 402A.What defense could Bell probably successfully allege?

James Kaufman purchased 11 heifers from Peter Van Santen.Van Santen provided in their agreement that the cows had "no mastitis." Mastitis is an inflammation of the milk-producing tissue in the udder that can result in infection and reduction of milk production.Shortly after taking delivery,Kaufman discovered mastitis in the cows.One had to be killed and the remainder of Kaufman's herd became infected.He lost $30,000 because of decreased milk production and spent nearly $600 in vet bills.Can Kaufman recover from Van Santen? If so,on what theories?

In the Nestle case,what ethical issues existed?

Which of the following would not be a basis for a negligence product liability suit?

Product misuse is a defense in product liability:

A lack of adequate warnings can be a defective product.

Brianne Kriefall died after ingesting e-coli bacteria by eating at a Sizzler Restaurant.Sizzler's meat supplier discovered that several of its shipments of meat to Sizzler and other restaurants contained the e-coli bacteria.Which of the following is correct?

Pestro is the manufacturer of a weed killer that is used in the parks in Metroville.After the parks were sprayed,a group of children became ill and required hospitalization.Two dogs that had been with the group died.The parents of the children and the dog owners could:

"These cartons will hold up to 100 pounds of books" is an example of:

Misuse of a product is a defense in a product liability suit.

Koellmer purchased a Chrysler auto.After taking delivery of his new vehicle,he discovered there were warranty disclaimers in his owner's manual.Is Koellmer bound by the warranty disclaimers?

Today,courts follow a policy of caveat emptor in handling product liability cases.

H.G.Ilk owned a 1965 Ford Mustang.He had replaced the front seats,the engine and the transmission.In an accident in which he was rear-ended,the front driver's seat collapsed,leaving Ilk with permanent injuries.It was discovered that the seat,manufactured by the Fisher Company,was defective in that the frame was partially missing due to a production error.Who is liable for Ilk's injuries?

Mattel,Inc.had to recall 19 million toys because it learned that its manufacturer/supplier in China had used lead-based paint on the toys,a paint that is prohibited in the United States.Mattel:

​Hain Celestial Group,Inc.advertises its products as containing "no harsh chemicals." The labels also noted that its products contained no sodium lauryl sulfate (SLS),something that can result in skin irritation.The Wall Street Journal had Hain's Honest laundry detergent and Earth's Best baby shampoo tested and a lab found that the products contained more than "trace amounts of SLS".The Wall Street Journal contacted Hain,and Hain responded that it does "not add SLS" to its products.Which of the following statements is correct?

Today,courts require privity of contract for recovery in product liability cases.

Which of the following is an example of an express warranty?