Exam 5: Product Liability

Frieda is working on a construction site when she is injured on the job in the collapse of a Girder Company-made ceiling beam. At the time,Frieda is not wearing a hard hat or any other safety gear. In Frieda's product liability suit against Girder,the company can most successfully raise the defense of

Downhill Racer Company makes and sells a pair of skis to Elinor. Downhill fails to exercise "due care" to make the skis safe,and Elinor is injured as a result. Downhill Racer is most likely liable for

Global Insulation Company makes and sells fire-retardant building materials.To determine whether the risk of harm from the products as designed outweigh their utility to the users and the public,most courts would engage in

Fine Motor Company buys auto parts from General Mechanix,Inc.,and puts them in its vehicles without changing their composition. If the parts are defective,strictly liable for any damage caused by the defects are

A design defect will support the imposition of liability on a strict product liability basis.

Grass Green Company makes and sells hedge trimmers,which are designed to be safe if used properly. Hazel buys a Grass Green trimmer and lends it to her neighbor Izak. In his garage,Izak is using the trimmer as a prod to dislodge a box from a high shelf when the trimmer suddenly engages. Startled,Izak drops the trimmer,which swings around and cuts his leg. Izak files a product liability suit against Grass Green,on the ground of negligence. On what basis could the manufacturer prevail?

Island Breeze Company designs and makes desk,window,and ceiling fans. In a product liability suit based on negligence,Island Breeze could be liable for vio-lating its duty of care with respect to all of the following except

Those who can be held liable on a theory of product liability for physical harm or property damage caused by defective goods include all of the following except

To successfully assert a design defect,a plaintiff has to show that no reasonable alternative design was available.

If the misuse of a product is reasonably foreseeable,the seller must take measures to guard against it.

The doctrine of strict liability can be applied to sellers of goods,including manufacturers,but not distributors.

Bob is shopping in Carl's Hardware Store when a nail gun in use by Dan,one of Carl's employees,fires without warning and hits Bob in the leg. Carl checks the gun and discovers that it was assembled improperly. Bob files a suit against Eagle Tools,Inc.,the manufacturer of the gun,for product liability,on the ground of strict liability. What are the elements for an action based on strict liability? In whose favor is the court likely to rule and why?