Exam 6: Product and Strict Liability

Kicker's Inc. has produced a new kind of candy bar, but it fails to mention on the packaging that the bar contains gluten and nuts. Consequently, many consumers who eat the bars suffer from severe allergic reactions. Which of the following can the injured customers cite as a defect in a strict liability lawsuit against Kicker's?

A man tries to swallow a pen as part of a circus act. The pen gets lodged in his throat, and he is taken to a hospital for immediate medical attention. The man sues the company that manufactured the pen. Which of the following would be the best defense for the pen manufacturer in this lawsuit?

Which of the following statements is true when there is a defect in design of a product?

The statute of repose begins to run when the plaintiff suffers injury.

One common defect upon which a strict liability lawsuit may be based is failure to warn.

Courts can apply a consumer expectation test to evaluate the adequacy of a product's design.