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Exam 10: product liability

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Question 1

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What was the result in James v.Meow Media Inc.,the case in the text addressing whether a video game manufacturer was strictly liable for a teenager's shooting spree?

A) That the shooting was so aberrant as to be unforeseeable by the video game producer.
B) That the products were defective.
C) That the video game manufacturer was liable for the shooting.
D) That the shooting was so aberrant as to be unforeseeable by the video game producer and also that the products were defective.

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Question 2

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Which of the following restricts the statute of limitations as a defense in a product liability lawsuit?

A) A revival statute.
B) A liability statute.
C) A repose statute.
D) Both a revival statute and a repose statute.

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Question 3

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Which of the following products has traditionally been viewed as "unavoidably unsafe" by the courts?

A ________ cuts off the right to assert a cause of action after a specified period of time from the delivery of the product or the completion of the work.

For a defendant to be held strictly liable,the plaintiff must prove that the defect existed at the time the product left the defendant.

Under the rule applied in most states,which of the following justifies holding an acquiring corporation liable to a party injured by a defect in a product sold by the acquired corporation?

The assumption of risk doctrine makes the manufacturer liable for a resulting injury.

Under the doctrine of _________,when a person voluntarily and unreasonably assumes the risk of a known danger,the manufacturer is not liable for any resulting injury.

Foreign governments have filed lawsuits against the tobacco industry.

Under the doctrine of comparative fault,the plaintiff's damages may be reduced by the degree to which his or her own negligence contributed to the injury.

A ________ defect occurs when,even though the product is manufactured according to specifications,it is unreasonably dangerous to users.

Fact pattern 10-1 Polly buys a new iron and uses it for a few months without incident.She was surprised,however,when one day the iron gave her a significant shock.She suffered no lasting damages,but did have some pain from the incident.A few weeks later she read in the newspaper that the manufacturer had knows for over a year about the iron's propensity to shock users,but had refused to take recall measures.She also read that some users had been severely shocked.Polly was outraged but wondered if she could sue because she really did not have significant injuries. -Refer to fact pattern 10-1.Which of the following would be an advantageous type of action with which Polly should become associated?

The European Union applies strict liability to services.

In Ramirez v.Plough,Inc.,the case in the text involving the provision of warnings for non-English-speaking Hispanics,the California Supreme Court has held that a manufacturer of nonprescription drugs has a duty to warn purchasers about the dangers of its products in

On a failure to warn claim,adequate warnings and instructions for a product's safe use can shield a manufacturer from liability for a

If the societal value of an inherently dangerous product outweighs the risk of harm from its use,it is known as a(n) ________ product.

A product that was sold without a component part properly fastened to the product is an example of a ________ defect.

To prove ________ in a product liability case,the injured party must show that the defendant did not use reasonable care in the design or manufacture of its product.

The European Union granted jurisdiction in disputes between online buyers and sellers to

If the use of a product carries an obvious risk,the manufacturer will not be held liable for injuries that result from ignoring the risk.