Chapter 6

Question 1

Product Liability

Answer 1

The liability of manufacturers, sellers, and others for the injuries caused by defensive products.

Question 2

Negligence

Answer 2

A tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.

Question 3

Intentional Misrepresentation

Answer 3

A tort in which a seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby. Also known as fraud.

Question 4

Strict Liability

Answer 4

A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.

Question 5

Chain of Distribution

Answer 5

All manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction.

Question 6

Product Defect

Answer 6

Something wrong, inadequate, or improper in the manufacture, design, packaging, warning, or instructions about a product.

Question 7

Defect in Manufacture

Answer 7

A defect that occurs when a manufacturer fails to (1) properly assemble a product, (2) properly test a product, or (3) adequately check the quality of the product.

Question 8

Defect in Design

Answer 8

A defect that occurs when a product is improperly designed.

Question 9

Crashworthiness Doctrine

Answer 9

A doctrine that says automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person’s body striking something inside the automobile in the case of a car accident.

Question 10

Failure to Warn

Answer 10

A defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.

Question 11

Defect in Packaging

Answer 11

A defect that occurs when a product has been placed in packaging that is insufficiently tamperproof.

Question 12

Failure to Provide Adequate Instructions

Answer 12

A defect that occurs when a manufacturer does not provide detailed directions for safe assembly and use of a product.

Question 13

Punitive Damages

Answer 13

Monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.

Question 14

Generally Known Dangers

Answer 14

A defense that acknowledges that certain products are inherently dangers and are known to the general population to be so.

Question 15

Government Contractor Defense

Answer 15

A defense that says a contractor who was provided specifications by the government is not liable for any defect in the product that occurs as a result of those specifications.

Question 16

Misuse

Answer 16

A defense that relieves a seller of product liability if the user abnormally misused the product. Products must be designed to protect against forseeable misuse.

Question 17

Supervening Event or Intervening Event

Answer 17

An alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability.

Question 18

Statute of Limitations

Answer 18

A statute that requires an injured person to bring an action within a certain number of years from the time he or she was injured by a defective product.

Question 19

Statute of Repose

Answer 19

A statute that limits the seller’s liability to a certain number of years from the date when the product was first sold.

Question 20

Contributory Negligence

Answer 20

A defense that says a person who is injured by defective product but has been negligent and has contributed to his or her own injuries cannot recover from the defendant.

Question 21

Comparative Fault

Answer 21

A doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages.