Exam 5: Product Liability

Rose, who is obese, files a product liability suit against Burger Meal Corporation (BMC), alleging that BMC's food is unhealthy because, as Rose knows, it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of

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

Lipstik, Inc. makes cosmetics. Lipstik intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Mikayla buys a Lipstik product and suffers an injury. Lipstik is most likely liable for

Product liability arises from a lack of assurance by one party of the existence of a fact on which the other party can rely.

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

Brandname Parts, Inc., makes and sells parts for the repair of major appliances. Clarice suffers a loss when a defective Brandname part in her freezer fails to keep the contents fresh. A statute restricts the time within which Clarice may file a product liability suit once she has discovered or should have discovered the damage. This is a statute of

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

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

Some courts consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action.

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?

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

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

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

A product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised.

To assemble and sell stoves and fireplaces, Hearth & Home, Inc., buys igniters, tubing, and other parts from Inflame Stove & Fireplace Parts and installs them without changing them. If the parts are defective, strictly liable for any damage caused by the defects

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

Suppliers are generally required to expect reasonably foreseeable misuses of their products.

Arrow Straight Corporation makes archery supplies. While using an Arrow Straight bow, Jamie is injured due to a defect in the bow that causes an arrow to misfire. Kaley, another archer standing by, is also injured. In a product liability suit based on strict product liability, Arrow Straight may be liable to

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

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liabil-ity suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider