Exam 6: Product and Strict Liability

Betty buys a lawnmower manufactured by FlatPlanes Inc. from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitled to?

Strict liability applies to services but not products.

Manufacturers and sellers are strictly liable for failing to warn customers of the generally known dangers of a product.

Companies that manufacture products according to government specifications are not liable if such products cause injury because ________.

In a negligence lawsuit, parties who were not actually negligent are also liable to the plaintiff.

Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following statements is true in this case?

The doctrine of strict liability holds the manufacturers of a defective product solely liable for injuries caused by that product.

Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a defective Supplemental Restraint System (SRS) in the vehicle, the airbag does not deploy and Ted is seriously injured. Which of the following statements is true of this situation?

Bartie's Inc. sells watercolors and pastels that are marketed as safe for use by children. However, several accounts of lead poisoning were reported in children who used the products. An investigation revealed that the company was knowingly manufacturing colors that contained a significant amount of a toxic heavy metal. Which of the following torts has Bartie's committed?

A risk-utility analysis requires showing that a product is more dangerous than the ordinary consumer would expect.

John was driving his friend, Mary, back to her home in his new car. On the way to Mary's home, the car's brakes malfunctioned and they got into an accident. Which of the following is true in this situation?

________ is a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.

Manufacturers and sellers have a duty to warn consumers about risks and side effects of products that could pose danger.

Plaintiffs can allege multiple product defects in one lawsuit.

________ refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction.

Negligence requires a defendant to be at fault for causing the plaintiff's injuries.

Privity of contract between the plaintiff and the defendant is not required in a strict liability suit.

Describe how courts can evaluate the adequacy of a product's design.

A pharmaceutical company has disclosed a list of side effects of its new prescription drug. A consumer who takes the drug in the right doses suffers from one of these side effects and sues the company for product liability. Which of the following would be the pharmaceutical company's defense in this lawsuit?

A defect in manufacture occurs when a manufacturer fails to ________.