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Exam 13: Strict Liability and Product Liability

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Question 21

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A manufacturer is not liable in strict product liability for injuries caused by commonly known dangers.

A) True
B) False

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Question 22

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A product liability action may be based on warranty theories.

A) True
B) False

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Question 23

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Safe-T-Made Company makes electrical cords and other connectors for electronic devices.Rowena files a product liability suit against Safe-Rite,alleging a warning defect.Under the Restatement (Third) of Torts: Products Liability,in deciding whether to hold Safe-T-Made liable,the court may consider

An action in strict product liability requires that the defendant fail to exercise reasonable care.

Many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action.

Welding Systems,Inc.(WSI) ,makes welding torches,masks,and related products.A WSI product may be unreasonably dangerous due to

Ceramic Tile Company designs and makes floor tiles.In a product liability suit based on negligence,Ceramic could be liable for violating its duty of care with respect to

Kitchen Kutters Corporation (KKC) makes kitchen knives and other consumer products.KKC could be liable for a design defect if there is a foreseeable risk of harm posed by a product and

Ida intentionally mislabels her product in order to increase sales.Jay,a consumer,buys Ida's product.In using it,Jay suffers an injury.To recover for the injury on the basis of the misrepresentation,Jay must

The extreme risk of an activity is a primary basis for imposing strict liability.

Mixing Equipment,Inc.(MEI) ,makes paint-mixing equipment.Nia is injured by a defective MEI mixer.A statute restricts the time within which,after Nia is injured,she may file a product liability suit.This is a statute of

Eva owns Fast-Rate Salvage,a demolition company.A demolition by a Fast-Rate crew injures Glen,a passerby.Under the theory of strict liability,Eva must pay for Glen's injury

Air Navigation,Inc. ,makes aviation guidance systems.Ollie is injured in a crash caused by a defective Air Navigation product.A statute restricts the time within which Ollie may file a product liability suit against Air Navigation regardless of when he was injured.This is a statute of

The majority of states limit the application of strict product liability theory to situations involving personal injuries.

A statute of limitation may restrict the time within which an action in product liability may be brought.

One characteristic of an abnormally dangerous activity is that it involves an extreme risk.

Delta Company makes and sells table saws,which are designed to be safe if used properly.Erin buys a Delta saw and lends it to her neighbor Frank.To reach a toolbox on a high shelf in his garage,Frank props the saw at an angle against a cabinet and climbs onto the saw.Frank loses his footing,slips off the saw,falls on the blade,and is injured.He files a product liability suit against Delta,on the ground of negligence.On what basis could Delta prevail

GR8 Skates Company makes and sells a pair of skates to Homer.GR8 fails to exercise "due care" to make the skates safe,and Homer is injured as a result.GR8 is most likely liable for

Under the doctrine of strict liability,liability is imposed strictly according to fault.

The types of product defects that have traditionally been recognized in product liability law include inadequate warnings.