Question 1

Under a strict product liability theory,who is considered a reasonably foreseeable party who may recover if injury is sustained?

Accepted Answer

A)  Only the buyer and the buyer's family.
B)  The buyer,the buyer's family,the buyer's guests,and foreseeable bystanders.
C)  Only the buyer,the buyer's family,and the buyer's guests.
D)  The buyer only.
E)  Only the buyer and any one present in the buyer's home when injury is sustained.F) A) and E)
G) B) and C)

Question 2

With regard to Julia's blog,what defense could the company claim?

Accepted Answer

A)  Misuse.
B)  State-of-the-art.
C)  Assumption of the risk.
D)  Statute of limitations.
E)  Sophisticated-user defense.F) A) and B)
G) A) and C)

Question 3

What four factors did the U.S.Supreme Court identify in the case of Daubert v.Merrill Dow Pharmaceutical for courts to consider in addressing the relevance and reliability of expert opinions?

Accepted Answer

The court identified...

Question 4

Which statement is true regarding punitive damages in product liability cases?

Accepted Answer

A)  Punitive damages are meant to compensate the plaintiff for injury and to make the plaintiff whole.
B)  Punitive damages are not available in product liability actions.
C)  The amount of the punitive-damage award is determined by the wealth of the defendant and the maliciousness of the action.
D)  The amount of the punitive-damage award is determined by the wealth of the defendant only.
E)  The amount of the punitive-damage award is determined by the maliciousness of the action only.F) D) and E)
G) B) and E)

Question 5

What was the result in the text's case involving a plaintiff who suffered permanent liver damages as a result of drinking a glass of wine with a Tylenol capsule?

Accepted Answer

A)  For plaintiff,because no comparative negligence was found.
B)  For defendant,because the plaintiff's adverse reaction from the ingestion of only one capsule was extremely rare.
C)  For defendant,because it had no duty to warn.
D)  For plaintiff,because the degree of potential harm was substantial and it would have been easy to place a warning.
E)  For defendant,because there was no proof of market share.F) B) and C)
G) A) and D)

Question 6

The lack of a feasible way to make a safer product prevents liability based upon an alleged defective product as a matter of law.

Accepted Answer

A) True 
 B)False

Question 7

Negligence per se is the same thing as negligence.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following causes of action stem from contract theory?

Accepted Answer

A)  Negligence.
B)  Failure to warn and breach of warranty.
C)  Failure to warn.
D)  Strict liability in tort.
E)  Breach of warranty.F) C) and D)
G) B) and D)

Question 9

[Disappointing Boat Purchase] Ava went to purchase a new boat.She wanted a boat she could use in a nearby lake and also take to the coast for use in ocean waters.Ava saw a boat she liked in the showroom.She showed the boat to Brock,the sales representative at the dealership,and stated that she wanted a boat for both lake usage and ocean usage.Brock told her that the dealership had the best boats in the state,that the engine was great in the boat she liked,and that she would have no problem with steering or with the carburetor.He said nothing about whether or not the boat was an appropriate vessel for ocean waters.Ava purchased the boat.She immediately began to have significant problems with it.The engine did not perform adequately,and there were problems with the steering and carburetor.Additionally,Ava attempted to take the boat onto ocean waters and had significant difficulty.She later discovered that it was not an ocean-going vessel.It was only appropriate for lake usage.
-Which of the following is true concerning Brock's statement that the boats at the dealership were the best in the state?

Accepted Answer

A)  The statement established both a warranty of merchantability and a warranty of fitness for a particular purpose,but not any other type of warranty.
B)  The statement constituted an express warranty but not any other type of warranty.
C)  The statement constituted a warranty of merchantability but not any other type of warranty.
D)  The statement was opinion and did not establish any type of warranty.
E)  The statement constituted an implied warranty of fitness for a particular purpose but not any other type of warranty.F) C) and D)
G) A) and B)

Question 10

[Allergy Injuries] Drug company ABC Drugs introduced a new over-the-counter allergy pill guaranteed to prevent sneezing and sniffling for twenty-four hours after the consumption of one pill.The packaging contained warnings of the drug's side effects,including nausea and headache.After it was initially put on the market,the company became aware of a risk of dizziness from the drug in people with high blood pressure.However,the company did not warn of the additional risk because the company was concerned that individuals might not buy the pill.The risk of dizziness for the average person was extremely low.Julia had suffered allergies for years and had tried nearly every new product on the market.She even maintained a blog called "Ask the Expert About Allergies." She thought that ABC's pill was a great idea and purchased it at her local convenient store.She purchased the product after the date the company became aware of the issues involving dizziness.She took one pill and felt fine for a few days.Then,however,she began feeling dizzy.Her dizziness caused her to fall and break her leg on a flight of steps.She later discovered that the allergy pill likely made her dizzy.Julia sued under state law alleging failure to warn of the dangerous side effect of the drug.The drug company claimed that it had no duty to list dizziness as a risk because it was anover-the-counter drug and the risk of dizziness to the average person was extremely rare.
-Is the company correct that it had no duty to warn of the risk of dizziness?

Accepted Answer

A)  Yes because it was an over-the-counter drug and the risk of dizziness to the average person was extremely low.
B)  Yes,because it was an over-the-counter drug.
C)  No,because the drug contained an ingredient which adversely affected some people with high blood pressure and the company knew or should have known about the risk to individuals with high blood pressure.
D)  No,but only if the plaintiff can show the drug adversely affected all individuals with high blood pressure and she was a member of that group.
E)  Yes.Although the company knew or should have known about the risk to individuals with high blood pressure,the drug was an over-the-counter drug and the company thus had no duty to protect every person in every situation.F) B) and D)
G) None of the above

Question 11

Which of the following elements must a plaintiff generally show in order to recover in a product liability lawsuit?

Accepted Answer

A)  That the product is defective and also that the defect existed when the product left the defendant's control.
B)  That the product is defective,that the defect existed when the product left the defendant's control,and also that the defendant was negligent.
C)  Only that the product is defective.
D)  That the defendant was negligent.
E)  That the defect should have been discovered and fixed prior to sale.F) B) and E)
G) A) and E)

Question 12

In a state that allows the contributory negligence defense,the plaintiff can recover for only that portion of the harm attributable to the defendant's negligence.

Accepted Answer

A) True 
 B)False

Question 13

When a plaintiff cannot trace an injury caused by a defective product to any particular manufacturer,which theory may allow the plaintiff to still obtain a recovery?

Accepted Answer

A)  The shared liability theory.
B)  The shared production theory.
C)  The trade theory.
D)  The market share theory.
E)  The shared market liability theory.F) D) and E)
G) C) and E)

Question 14

If the product packaging had contained a warning regarding dizziness in individuals with high blood pressure and Julia proceeded to take the drug despite its warning,what would be the company's best defense?

Accepted Answer

A)  Statute of limitations.
B)  Misuse.
C)  State-of-the-art.
D)  Sophisticated user.
E)  Assumption of the risk.F) D) and E)
G) A) and E)

Question 15

Following the case of MacPherson v.Buick Motor Company,any plaintiff can sue a manufacturer for its breach of duty of care.

Accepted Answer

A)  adult
B)  unforeseeable
C)  believable
D)  contracting
E)  foreseeableF) C) and D)
G) A) and B)

Question 16

What was the ruling of the court in the case of Welge v.Planters Lifesavers Co. ,the case in which the plaintiff injured his hand when a jar containing peanuts broke?

Accepted Answer

A)  That the case would be dismissed because the plaintiff could not establish that the jar was maintained in a pristine condition after its purchase.
B)  That the plaintiff would be allowed to proceed on his claim because negligence was established.
C)  That the plaintiff would be allowed to proceed on his claim because the defendant was unable to establish that the jar had been damaged after its purchase.
D)  That the plaintiff was unable to recover on his claim because he was not the actual purchaser of the jar of peanuts.
E)  That the plaintiff was unable to recover on his claim because negligence in manufacture of the jar could not be established.F) All of the above
G) B) and D)

Question 17

Which of the following is true about product liability insurance?

Accepted Answer

A)  Start-up companies can always meet the insurance company's requirements for product liability insurance.
B)  Start-up companies often have difficulty obtaining product liability insurance.
C)  A company's annual sales is not relevant in obtaining product liability insurance.
D)  Insurance premiums for start-up companies are low.
E)  The purpose of the product is not relevant in obtaining product liability insurance.F) A) and B)
G) B) and D)

Question 18

Dylan's family bought Dylan,who weighs 275 pounds,an exercise bicycle from a popular sports retailer in his community.The first time that Dylan hopped on the bike,it collapsed,throwing him to the floor and severely bruising his ankle.Dylan wants to sue for his injuries.He asked an expert in exercise equipment to examine the bicycle.The expert told him that the bike was properly manufactured.It was not,however,designed for individuals weighing over 250 pounds.There was a warning to that effect in the brochure that came with the bicycle,but Dylan's family discarded the brochure along with the packaging,and Dylan never saw the warning.Is there any negligence theory under which Dylan can recover? If so,what is it,and what must Dylan demonstrate to succeed on his claim?

Accepted Answer

Dylan could sue for negligent failure to...

Question 19

What was the Supreme Court of California's ruling in Kesner v.Pseuno Abex LLC,the case in the text in which the plaintiff sued his uncle's employer for harm from contact with asbestos carried from the worksite on his uncle's clothing?

Accepted Answer

A)  That the trial court's dismissal of the case was reversed because employers owe a duty of care for exposure to third persons who may come into contact with asbestos that employees carry away from the worksite on their clothing.
B)  That the case was properly dismissed because the defendant did not have a duty of care to protect the plaintiff from take-home exposure to asbestos.
C)  That the trial court's dismissal was reversed because premises owners owe a duty of care to unknown third persons.
D)  That the case was properly dismissed because the duty of care does not extend to family members.
E)  That the case was properly dismissed because Kesner had not been employed by the defendant.F) C) and E)
G) A) and B)

Question 20

Under a strict product liability theory,who may be held liable to an injured party?

Accepted Answer

A)  Distributors only.
B)  Manufacturers,distributors,and retailers.
C)  Manufacturers and distributors but not retailers.
D)  Manufacturers only.
E)  Retailers only.F) A) and D)
G) All of the above

Exam 10: Product Liability

Correct Answer
verified

Negligence per se is the same thing as negligence.

Correct Answer
verified

What was the ruling of the court in the case of Welge v.Planters Lifesavers Co. ,the case in which the plaintiff injured his hand when a jar containing peanuts broke?

Correct Answer
verified

What was the result in the text's case involving a plaintiff who suffered permanent liver damages as a result of drinking a glass of wine with a Tylenol capsule?

Correct Answer
verified

Under a strict product liability theory,who may be held liable to an injured party?

Correct Answer
verified

Which of the following elements must a plaintiff generally show in order to recover in a product liability lawsuit?

Correct Answer
verified

What was the Supreme Court of California's ruling in Kesner v.Pseuno Abex LLC,the case in the text in which the plaintiff sued his uncle's employer for harm from contact with asbestos carried from the worksite on his uncle's clothing?

Correct Answer
verified

With regard to Julia's blog,what defense could the company claim?

Correct Answer
verified

Which of the following causes of action stem from contract theory?

Correct Answer
verified

Which statement is true regarding punitive damages in product liability cases?

Correct Answer
verified

What four factors did the U.S.Supreme Court identify in the case of Daubert v.Merrill Dow Pharmaceutical for courts to consider in addressing the relevance and reliability of expert opinions?

Correct Answer
verified
The court identified...
View Answer

When a plaintiff cannot trace an injury caused by a defective product to any particular manufacturer,which theory may allow the plaintiff to still obtain a recovery?

Correct Answer
verified

Following the case of MacPherson v.Buick Motor Company,any plaintiff can sue a manufacturer for its breach of duty of care.

Correct Answer
verified

Correct Answer
verified
Dylan could sue for negligent failure to...
View Answer

The lack of a feasible way to make a safer product prevents liability based upon an alleged defective product as a matter of law.

Correct Answer
verified

If the product packaging had contained a warning regarding dizziness in individuals with high blood pressure and Julia proceeded to take the drug despite its warning,what would be the company's best defense?

Correct Answer
verified

In a state that allows the contributory negligence defense,the plaintiff can recover for only that portion of the harm attributable to the defendant's negligence.

Correct Answer
verified

Which of the following is true about product liability insurance?

Correct Answer
verified

Under a strict product liability theory,who is considered a reasonably foreseeable party who may recover if injury is sustained?

Correct Answer
verified

Correct Answer
verified

Exam 10: Product Liability

Correct AnswerverifiedShow Answer

Negligence per se is the same thing as negligence.

Correct AnswerverifiedShow Answer

What was the ruling of the court in the case of Welge v.Planters Lifesavers Co. ,the case in which the plaintiff injured his hand when a jar containing peanuts broke?

Correct AnswerverifiedShow Answer

What was the result in the text's case involving a plaintiff who suffered permanent liver damages as a result of drinking a glass of wine with a Tylenol capsule?

Correct AnswerverifiedShow Answer

Under a strict product liability theory,who may be held liable to an injured party?

Correct AnswerverifiedShow Answer

Which of the following elements must a plaintiff generally show in order to recover in a product liability lawsuit?

Correct AnswerverifiedShow Answer

What was the Supreme Court of California's ruling in Kesner v.Pseuno Abex LLC,the case in the text in which the plaintiff sued his uncle's employer for harm from contact with asbestos carried from the worksite on his uncle's clothing?

Correct AnswerverifiedShow Answer

With regard to Julia's blog,what defense could the company claim?

Correct AnswerverifiedShow Answer

Which of the following causes of action stem from contract theory?

Correct AnswerverifiedShow Answer

Which statement is true regarding punitive damages in product liability cases?

Correct AnswerverifiedShow Answer

What four factors did the U.S.Supreme Court identify in the case of Daubert v.Merrill Dow Pharmaceutical for courts to consider in addressing the relevance and reliability of expert opinions?

Correct AnswerverifiedThe court identified...View AnswerShow Answer

When a plaintiff cannot trace an injury caused by a defective product to any particular manufacturer,which theory may allow the plaintiff to still obtain a recovery?

Correct AnswerverifiedShow Answer

Following the case of MacPherson v.Buick Motor Company,any plaintiff can sue a manufacturer for its breach of duty of care.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedDylan could sue for negligent failure to...View AnswerShow Answer

The lack of a feasible way to make a safer product prevents liability based upon an alleged defective product as a matter of law.

Correct AnswerverifiedShow Answer

If the product packaging had contained a warning regarding dizziness in individuals with high blood pressure and Julia proceeded to take the drug despite its warning,what would be the company's best defense?

Correct AnswerverifiedShow Answer

In a state that allows the contributory negligence defense,the plaintiff can recover for only that portion of the harm attributable to the defendant's negligence.

Correct AnswerverifiedShow Answer

Which of the following is true about product liability insurance?

Correct AnswerverifiedShow Answer

Under a strict product liability theory,who is considered a reasonably foreseeable party who may recover if injury is sustained?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct Answer
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The court identified...
View Answer

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Correct Answer
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Correct Answer
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Dylan could sue for negligent failure to...
View Answer

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