Exam 6: Product and Strict Liability

________ refers to a defect that occurs when a manufacturer does not place information about the dangers of using a product on its packaging,causing injury if the dangers are unknown.

Ruggers Corp.is a maker of a range of highly popular cruise motorcycles.Tim buys a Ruggers motorcycle from a dealership and suffers an accident.While recuperating from his injuries,he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years,owing to a previously-unknown defect in their braking systems.Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages.The defect in the motorcycle is found to be half responsible for the accident,while Tim's own negligence of traffic rules contributed to the rest.Under the doctrine of contributory negligence,what would be the ruling of the court hearing this case?

John was driving his friend,Mary,back to her home in his new car.On the way to Mary's home,the car's brakes malfunctioned and they got into an accident.Which of the following is true in this situation?

A man tries to swallow a pen as part of a circus act.The pen gets lodged in his throat,and he is taken to a hospital for immediate medical attention.The man sues the company that manufactured the pen.Which of the following would be the best defense for the pen manufacturer in this lawsuit?

What are product defects? What are the most common defects that will allow plaintiffs to recover for strict liability?

Which of the following statements is true when there is a defect in design of a product?

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

The statute of limitations begins to run when a product is first sold.

________ refers to a statute that limits the seller's liability to a certain number of years from the date when the product was first sold.

Which of the following statements is true about the strict liability doctrine?

________ refers to an alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability.

The doctrine of strict liability applies to sellers and lessors of products who are engaged in the business of selling and leasing products.

________ is a tort doctrine that makes manufacturers,distributors,wholesalers,retailers,and others in the chain of distribution of a defective product liable for the damages caused by the defect,irrespective of fault.

The term ________ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant.

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.

A manufacturer of matches is not strictly liable if an arsonist uses its matches to burn down a building.

Under the defense of contributory negligence,if Mary is partially responsible for her injuries,then she can recover partial damages from the defendant.

Companies that manufacture products according to government specifications are not liable if such products cause injury because ________.

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

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