Exam 7: Strict Liability and Product Liability

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

Generally,a seller must warn those who purchase its product of the harm that can result from the foreseeable misuse of the product.

Forest & Field Company makes and leases a backhoe to Gallagher.Due to a defect attributable to Forest & Field's negligence,Gallagher is injured in an accident in which his neighbor Helga is also hurt.In a product liability suit based on negligence,Forest & Field may be liable to

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

Manufacturers must use due care in inspecting and testing any purchased components used in a product.

Alice is injured when she is struck by debris floating on her property,which was flooded by a breach of Big R Ranch's reservoir.The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established by

Street Bikes,Inc.,makes and sells a bicycle to Theo.Street Bikes fails to exercise "due care" to make the bicycle safe,however,and Theo is injured as a result.Street Bikes is most likely liable for

Soda Bubbles Corporation makes and sells soft drinks.Talia buys and drinks a Soda Bubbles beverage,which proves defective and injures her.One justification for holding Soda Bubbles strictly liable for the harm caused to Talia by its defective product is that

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.

Because many products cannot be made entirely safe for all uses,sellers or lessors are liable only for products that are unreasonably dangerous.

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

Garage Magic,Inc.,contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores.Ian buys one of openers.The applicable statute of limitations prescribes a period of four years.To bring a product liability claim against Garage Magic,Ian must file a suit within four years of

SurgeStop Company makes electrical cords and other connectors for electronic devices.Rollo files a product liability suit against SurgeStop,alleging a warning defect.In deciding whether to hold SurgeStop liable,the court may consider

The brakes on a train owned by Rolling Stock Railway,Inc.,malfunction.The train rolls towards maintenance workers on the tracks.Everyone gets out of the way except Sid,who wants to show off.The train hits Sid,who sues Train Components,Inc.,the brakes' manufacturer.Train Components can raise the defense of

A manufacturing defect is a departure from a product unit's design specifications that results in products that are physically flawed.

The extreme risk of an activity is a defense against imposing strict liability.

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

Manufacturers must use due care in selecting the materials to be used in a product.

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

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