Exam 6: Product and Strict Liability

To recover for strict liability, the injured party need not show that a product was defective.

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

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

If the statute of limitations for strict liability for a particular state is two years and a plaintiff brings a product liability suit to court three years after the injury, the defendant is relieved of liability.

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

Casual sales and transactions are not covered under the strict liability doctrine.

Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. The pacemaker is manufactured by Benford Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. If the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure?

Diane bought an action figure for David, her 3-year-old son, from Terrence's Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence's Toy Shop for damages?

Because manufacturers, sellers and lessors often intentionally misrepresent the quality of their products, fraud is commonly the basis for a product liability lawsuit.

Intentional misrepresentation occurs when a seller or lessor affirmatively misrepresents the quality of a product.

To assert ________ as a defense, the defendant must prove that the plaintiff knew and appreciated the risk of the product.

The liability of manufacturers, sellers, lessors, and others for injuries caused by defective products is commonly referred to as product liability.

Michael wanted to build a small princess castle for his daughter in the backyard. He decided to turn it into a do-it-yourself project, so he bought the disassembled parts of the castle from Big Ben Forts Inc. However, after the purchase, he found that the manual provided by the company gave vague directions that were hard to understand. He built the castle by following the manual, but after a few days the castle collapsed and injured his daughter who was playing inside. Which of the following actions can Michael take in this situation?

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

Dorothy purchases a chair made by Woode Designs Inc. While making the chair, the legs were not fixed properly to the base. When Dorothy sat on the chair, it broke and she was injured. In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair?

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

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

If the statute of repose for strict liability is five years and an injured party files a suit seven years after the date of purchase of a defective product, the manufacturer or seller of that defective product is relieved of liability.

Allenby Spares Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel Inc. from Allenby Spares and is involved in an accident caused by the faulty brake in his vehicle. Which of the following is true of this situation?