Question 1

Even if particular users of a product commonly know of a particular danger, the product's maker may be liable for failing to warn these users of the danger.

Accepted Answer

A) True 
 B)False

Question 2

A product will be considered defective when the omission of reasonable warnings renders the product not reasonably safe.

Accepted Answer

A) True 
 B)False

Question 3

Mai is struck and injured when the brakes fail on Novi's all-terrain vehicle (ATV) , which is damaged in the collision. Off-Road Inc. sold the ATV to Novi. Under product liability laws, Off-Road could be liable to

Accepted Answer

A)   Novi, but not Mai.
B)   Mai, but not Novi.
C)   none of the parties.
D)   Mai and Novi.E) All of the above
F) A) and C)

Question 4

To be liable on a theory of strict product liability, a defendant must be in a better position than the plaintiff to bear the costs associated with the harm caused by a product.

Accepted Answer

A) True 
 B)False

Question 5

A manufacturer does not need to inspect and test any purchased components used in the final product to avoid product liability.

Accepted Answer

A) True 
 B)False

Question 6

Only big businesses face potential liability for the products they sell.

Accepted Answer

A) True 
 B)False

Question 7

A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.

Accepted Answer

A) True 
 B)False  False

Question 8

Under the doctrine of strict liability, persons are liable only for the results of their intentional acts or their failure to exercise due care.

Accepted Answer

A) True 
 B)False

Question 9

Insulate Inc. makes and sells fire-retardant building materials. In a product liability suit against Insulate, a court would use a risk-utility analysis of the company's product as designed to determine whether

Accepted Answer

A)   a risk of harm outweighs the products' utility to the users and the public.
B)   the product performed as a consumer would reasonably expect.
C)   the product is as useful and as risky as the public expects.
D)   the risk of return on investment in the product supports its utility.E) B) and C)
F) A) and C)

Question 10

Garage Doors Inc. sells garage door openers to a Home & Yard Hardware store, where Ian buys one of openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Doors, Ian must file a suit within four years of

Accepted Answer

A)   Ian's discovery of an injury caused by the opener.
B)   Garage Doors's sale of the opener to Home & Yard.
C)   Garage Doors's design of the opener.
D)   Home & Yard's sale of the opener to Ian.E) C) and D)
F) A) and B)

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

Quint is injured when a can of Remove-It explodes into flames. Solvents Inc. manufactured the Remove-It. Under product liability laws, Quint's options include

Accepted Answer

A)   any of the choices.
B)   ordering a halt to the production of Remove-It.
C)   issuing a recall of all Remove-It.
D)   suing Solvents Inc.E) A) and B)
F) A) and C)

Question 13

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely

Accepted Answer

A)   assumption of risk.
B)   knowledgeable user.
C)   commonly known danger.
D)   none of the choices.E) All of the above
F) A) and B)

Question 14

Bedding Plus Inc. makes a pillow that Comfort Stuff sells to Demi. Bedding fails to exercise "due care," and Demi is injured by toxic material used as fill in the pillow. Comfort Stuff is most likely liable for

Accepted Answer

A)   misrepresentation.
B)   none of the choices.
C)   negligence.
D)   product misuse.E) A) and C)
F) None of the above

Question 15

EZ Co-op Inc. sells Fill-Up cattle feed to ranchers. Gina buys and feeds Fill-Up to her herd. The feed is poisoned. Gina sues EZ for product liability based on negligence. To win, Gina must show

Accepted Answer

A)   why the feed was poisoned.
B)   how the feed became poisoned.
C)   that the feed caused her damage.
D)   all of the choices.E) A) and B)
F) A) and C)

Question 16

Touch Screens Inc. makes and markets tablets. When problems develop with Touch products or sales, the company may be liable in product liability for any of the following except

Accepted Answer

A)   a manufacturing defect.
B)   a design defect.
C)   an inadequate warning.
D)   an ineffective marketing plan.E) None of the above
F) C) and D) D

Question 17

Holding defendants strictly liable for manufacturing defects encourages greater investment in product safety.

Accepted Answer

A) True 
 B)False

Question 18

Rev Motor Company buys plugs and points from Sparkplugs Inc. and puts them in Rev vehicles without changing their composition. If the parts are defective, strictly liable for any damage caused by the defects may be

Accepted Answer

A)   Rev only.
B)   Rev, Sparkplugs, and the owner and operator of the Rev vehicle.
C)   Rev and Sparkplugs.
D)   Sparkplugs only.E) B) and D)
F) A) and B)

Question 19

Stents Inc. makes medical devices. Toni files a product liability suit against Stents, alleging a warning defect with respect to its device. In deciding whether to hold the maker liable, the court may consider whether

Accepted Answer

A)   the omission of a warning rendered the device not reasonably safe.
B)   there was a reasonable alternative design.
C)   the maker used due care in making the device.
D)   the patient took due care of her health.E) A) and B)
F) A) and C)

Question 20

Opal is working on a construction site when she is injured on the job in the collapse of a Plank Company-made ceiling beam. At the time, Opal is not wearing any safety gear. In Opal's product liability suit against Plank, the company can most successfully raise the defense of

Accepted Answer

A)   preemption.
B)   inadequate warning.
C)   comparative negligence.
D)   product misuse.E) All of the above
F) None of the above C

Exam 6: Product Liability

Even if particular users of a product commonly know of a particular danger, the product's maker may be liable for failing to warn these users of the danger.

Correct AnswerverifiedShow Answer

A product will be considered defective when the omission of reasonable warnings renders the product not reasonably safe.

Correct AnswerverifiedShow Answer

Mai is struck and injured when the brakes fail on Novi's all-terrain vehicle (ATV) , which is damaged in the collision. Off-Road Inc. sold the ATV to Novi. Under product liability laws, Off-Road could be liable to

Correct AnswerverifiedShow Answer

To be liable on a theory of strict product liability, a defendant must be in a better position than the plaintiff to bear the costs associated with the harm caused by a product.

Correct AnswerverifiedShow Answer

A manufacturer does not need to inspect and test any purchased components used in the final product to avoid product liability.

Correct AnswerverifiedShow Answer

Only big businesses face potential liability for the products they sell.

Correct AnswerverifiedShow Answer

A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.

Correct AnswerverifiedFalse

Under the doctrine of strict liability, persons are liable only for the results of their intentional acts or their failure to exercise due care.

Correct AnswerverifiedShow Answer

Insulate Inc. makes and sells fire-retardant building materials. In a product liability suit against Insulate, a court would use a risk-utility analysis of the company's product as designed to determine whether

Correct AnswerverifiedShow Answer

Garage Doors Inc. sells garage door openers to a Home & Yard Hardware store, where Ian buys one of openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Doors, Ian must file a suit within four years of

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Quint is injured when a can of Remove-It explodes into flames. Solvents Inc. manufactured the Remove-It. Under product liability laws, Quint's options include

Correct AnswerverifiedShow Answer

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely

Correct AnswerverifiedShow Answer

Bedding Plus Inc. makes a pillow that Comfort Stuff sells to Demi. Bedding fails to exercise "due care," and Demi is injured by toxic material used as fill in the pillow. Comfort Stuff is most likely liable for

Correct AnswerverifiedShow Answer

EZ Co-op Inc. sells Fill-Up cattle feed to ranchers. Gina buys and feeds Fill-Up to her herd. The feed is poisoned. Gina sues EZ for product liability based on negligence. To win, Gina must show

Correct AnswerverifiedShow Answer

Touch Screens Inc. makes and markets tablets. When problems develop with Touch products or sales, the company may be liable in product liability for any of the following except

Correct AnswerverifiedD

Holding defendants strictly liable for manufacturing defects encourages greater investment in product safety.

Correct AnswerverifiedShow Answer

Rev Motor Company buys plugs and points from Sparkplugs Inc. and puts them in Rev vehicles without changing their composition. If the parts are defective, strictly liable for any damage caused by the defects may be

Correct AnswerverifiedShow Answer

Stents Inc. makes medical devices. Toni files a product liability suit against Stents, alleging a warning defect with respect to its device. In deciding whether to hold the maker liable, the court may consider whether

Correct AnswerverifiedShow Answer

Opal is working on a construction site when she is injured on the job in the collapse of a Plank Company-made ceiling beam. At the time, Opal is not wearing any safety gear. In Opal's product liability suit against Plank, the company can most successfully raise the defense of

Correct AnswerverifiedC

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