Exam 5: Product Liability

The types of product defects that have traditionally been recognized in product liability law include inadequate warnings.

The brakes on Dirk's Tour de Valle bicycle malfunction,but he continues to ride it because he likes the thrill of the unstoppable acceleration. One night,enjoying a fast downhill pace,he speeds through a stop sign and is struck by a truck. In Dirk's suit against Tour de Valle,the bike maker can raise the defense of

AgriGro,Inc.,sells hybrid seed to farms and other agricultural enterprises. Brandon buys and plants AgriGro seed on his Country Farm,but no crop grows because the seed is defective. Brandon sues AgriGro for product liability based on negligence. To win,Brandon must show that

Good Cookin' Products Company makes heat convection ovens. Heidi discovers that her Good Cookin' oven is defective and sues the maker for product liabil-ity based on strict liability. To win,Heidi must show that she

A statute of repose places outer time limits on product liability actions.

An action in strict product liability requires that a product be reasonably dangerous to a user or consumer.

Assumption of risk can never be used as a defense in a product liability action.

To succeed in a product liability suit,an injured plaintiff must show that a product's defect was the proximate cause of the injury.

River Rock Company makes spas and hot tubs. Sterling files a product liability suit against River Rock,alleging a warning defect in one of its products. In deciding whether to hold the defendant liable,the court may take note that a manufacturer or seller has no duty to warn about risks that are

Even if a particular danger is commonly known by the users of a product,the maker or seller of must warn these users of the danger.

To be liable for product liability,a seller must normally be engaged in the business ofdistributing the product that causes harm by its use.

Dark Roast Products,Inc.,makes espresso machines and sells one to the Eat at Joe's Café. Flo,the café's employee working at the coffee bar,is injured when the machine malfunctions. If the injury occurred as a result of a misrepresentation about the product,Dark Roast is most likely liable for

Generally,the strict liability of manufactures and other sellers does not extend to injured bystanders.

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products.

As a defense to product liability,comparative negligence completely absolves a defendant of liability.

Recovery in a product liability case may be limited when it can be shown that the plaintiff misused the product.

BioChem Corporation,ChemCo Company,and DexLabs Inc. make and distribute toxic chemicals. In a product-liability suit against all of these parties,the court is most likely to impose market-share li-ability if it cannot be proved which of the parties

Therapeutic Corporation makes medical devices that are subject to extensive government regulation and undergo a rigorous premarket approval process. In a product liability suit against Therapeutic by a party allegedly injured by one of the devices,the company can most successfully raise the defense of

A design defect is not the sort of product defect that will support the imposition of liability on a strict product liability basis.

To avoid product liability,a manufacturer must exercise due care in selecting its materials and using the appropriate production process.