Question 1

[Lead paint] Alessia grew up in an old house.She was diagnosed with permanent kidney and nervous system damage,which doctors determined was linked to the lead paint she chipped off her windows and digested when she was younger.In order to offset some of the continuing medical costs,Alessia wants to sue the lead paint manufacturer,however,she doesn't know what brand of paint was used in her home.The most popular brand of lead paint in her area at the time the interior of her house was painted was made by ColorCo,but PaintCo and BrightCo were significant producers also.
-Which paint manufacturers can Alessia sue?

Accepted Answer

A)  ColorCo,PaintCo,and BrightCo,but only if their products were identical,shared the same defective qualities and were sold in Alessia's area during the relevant time
B)  The manufacturer that most likely produced the paint that harmed her
C)  ColorCo,PaintCo,and BrightCo,but only if their products were identical,shared the same defective qualities,and they were the only manufacturers of lead paint in her area at the time
D)  ColorCo,the largest manufacturer
E)  The manufacturer that produced the paint that harmed herF) All of the above
G) A) and D)

Question 2

When an individual glass bottle of soda shatters in someone's hand causing a cut,and most bottles of the same type do not ordinarily shatter in that manner,the most likely type of defect in that bottle is a ________ defect.

Accepted Answer

A)  Manufacturing
B)  Warning
C)  Design
D)  Negligent
E)  PunitiveF) C) and D)
G) B) and C)

Question 3

[Scissors Injury] Yvonne bought a new pair of large-sized,extra-sharp scissors made by CutCo at her local store,BuyStuff.At the time of purchase,Yvonne noticed that the packaging was torn.The clerk offered her a discount because of the damage.When Yvonne tried to open the package containing the scissors at home,she found the hard plastic packaging was difficult to open.Her roommate,Gwen,handed her a knife to cut the packaging.While Yvonne was cutting,the hard plastic sliced her finger,causing her to drop the package.When the package fell,the scissors fell out of the package onto Yvonne's toe.Gwen then picked up the scissors and ran to call an ambulance.Unfortunately,she tripped and fell while running with the scissor blades facing up,and was stabbed in the stomach.Yvonne and Gwen each suffered injuries and sued CutCo and BuyStuff,alleging strict product liability.
-BuyStuff's attorney wants to file a motion to dismiss,claiming that BuyStuff is not the manufacturer and cannot be held liable for the injuries.Is BuyStuff's attorney correct?

Accepted Answer

A)  No,because a retailer cannot be held liable under the strict product liability theory.
B)  Yes,a retailer may be held liable under strict product liability.
C)  No,because strict product liability focuses on the actions of the manufacturer in producing the product.
D)  Yes,but only if BuyStuff holds a substantial share of the market.
E)  No,because BuyStuff did not manufacture the product.F) A) and E)
G) C) and D)

Question 4

What was the result in Radford v.Wells Fargo Bank,the case from the text in which the plaintiff claimed that a mortgage loan was a defective product?

Accepted Answer

A)  The court ruled that while a loan is a product,the plaintiff was barred from proceeding because he had not alleged that he was in mortgage foreclosure,a necessary predicate for a lawsuit alleging defect based on a mortgage loan.
B)  The court ruled that while a loan is a product,the plaintiff was barred from proceeding because he had not alleged that he was in bankruptcy,a necessary predicate for a lawsuit alleging defect based on a mortgage loan.
C)  The court allowed the case to proceed on the basis that a loan is a product.
D)  The court ruled that a loan is not a product for purposes of product liability law,recognizing that product liability focuses on tangible items.
E)  The court ruled that while a loan is a product,the plaintiff was barred from proceeding because he had not alleged usury,a necessary predicate for a lawsuit alleging defect based on a mortgage loan.F) B) and E)
G) A) and B)

Question 5

In order to prevail in a product liability action,a plaintiff must establish to a certainty that the product was not damaged after its purchase.

Accepted Answer

A) True 
 B)False

Question 6

No duty to warn exists for dangers arising from either unforeseeable misuses of the product or from obvious dangers.

Accepted Answer

A) True 
 B)False

Question 7

Which statement is true regarding defenses to negligence-based product liability actions?

Accepted Answer

A)  A defendant may rely upon the defense of contributory,comparative,or modified comparative negligence,depending upon which defense is accepted by the state where the case arose.
B)  A defendant may not rely upon contributory,comparative,or modified comparative negligence because no defenses are available in such a lawsuit.The only issue will be the amount of damage.
C)  A defendant may only rely upon modified comparative negligence.
D)  A defendant may only rely upon comparative negligence.
E)  A defendant may only rely upon contributory negligence.F) B) and E)
G) B) and C)

Question 8

Which of the following arises when a consumer knows that a defect exists but still proceeds unreasonably to make use of the product,creating a situation where the consumer has voluntarily assumed the risk of injury from the defect and thus cannot recover?

Accepted Answer

A)  Last-clear-chance.
B)  Contributory negligence.
C)  Assumption of the risk.
D)  Pure comparative fault.
E)  Strict behavior.F) A) and E)
G) D) and E)

Question 9

Which of the following do courts often consider in determining whether a manufacturer was negligent in failing to warn?

Accepted Answer

A)  The likelihood of the injury only.
B)  The likelihood of the injury and the seriousness of the injury but not the ease of warning.
C)  The seriousness of the injury only.
D)  The likelihood of the injury,the seriousness of the injury,and the ease of warning.
E)  The ease of warning only.F) A) and C)
G) B) and C)

Question 10

Which of the following tests is set out in the Restatement Second) of Torts as a method by which to prove a design defect?

Accepted Answer

A)  The consumer expectations test.
B)  The risk-utility test.
C)  The design defect test.
D)  The consumer propensity test.
E)  The feasible alternatives test.F) All of the above
G) B) and C)

Exam 10: Product Liability

Correct Answer
verified

Which of the following tests is set out in the Restatement Second) of Torts as a method by which to prove a design defect?

Correct Answer
verified

Which of the following do courts often consider in determining whether a manufacturer was negligent in failing to warn?

Correct Answer
verified

Which statement is true regarding defenses to negligence-based product liability actions?

Correct Answer
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Which of the following arises when a consumer knows that a defect exists but still proceeds unreasonably to make use of the product,creating a situation where the consumer has voluntarily assumed the risk of injury from the defect and thus cannot recover?

Correct Answer
verified

No duty to warn exists for dangers arising from either unforeseeable misuses of the product or from obvious dangers.

Correct Answer
verified

What was the result in Radford v.Wells Fargo Bank,the case from the text in which the plaintiff claimed that a mortgage loan was a defective product?

Correct Answer
verified

When an individual glass bottle of soda shatters in someone's hand causing a cut,and most bottles of the same type do not ordinarily shatter in that manner,the most likely type of defect in that bottle is a ________ defect.

Correct Answer
verified

Correct Answer
verified

In order to prevail in a product liability action,a plaintiff must establish to a certainty that the product was not damaged after its purchase.

Correct Answer
verified

Exam 10: Product Liability

Correct AnswerverifiedShow Answer

Which of the following tests is set out in the Restatement Second) of Torts as a method by which to prove a design defect?

Correct AnswerverifiedShow Answer

Which of the following do courts often consider in determining whether a manufacturer was negligent in failing to warn?

Correct AnswerverifiedShow Answer

Which statement is true regarding defenses to negligence-based product liability actions?

Correct AnswerverifiedShow Answer

Which of the following arises when a consumer knows that a defect exists but still proceeds unreasonably to make use of the product,creating a situation where the consumer has voluntarily assumed the risk of injury from the defect and thus cannot recover?

Correct AnswerverifiedShow Answer

No duty to warn exists for dangers arising from either unforeseeable misuses of the product or from obvious dangers.

Correct AnswerverifiedShow Answer

What was the result in Radford v.Wells Fargo Bank,the case from the text in which the plaintiff claimed that a mortgage loan was a defective product?

Correct AnswerverifiedShow Answer

When an individual glass bottle of soda shatters in someone's hand causing a cut,and most bottles of the same type do not ordinarily shatter in that manner,the most likely type of defect in that bottle is a ________ defect.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In order to prevail in a product liability action,a plaintiff must establish to a certainty that the product was not damaged after its purchase.

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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