Chapter 6: product and strict liability

Question 1

Abnormal Misuse of a Product

Answer 1

a defense that relieves a seller of product liability if the user abnormally misused a product

Question 2

Assumption of the Risk

Answer 2

defendant must prove that:

1. plaintiff knew and appreciated the risk
2. plaintiff voluntarily assumed the risk

Question 3

Chain of Distribution

Answer 3

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

Question 4

Comparative Negligence

Answer 4

a doctrine which applies to strict liability actions that says a plaintiff who is contributory negligent for their injuries is responsible for a proportional share of the damage

Question 5

Consumer Expectation Test

Answer 5

requires a showing that the product is more dangerous than ordinary customer would expect

Question 6

Contributory Negligence

Answer 6

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

Question 7

Crashworthiness

Answer 7

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 car accident

Question 8

Defect in Design

Answer 8

a defect that occurs when a product is improperly designed

Question 9

Defect in Manufacturer

Answer 9

a defect that occurs when a manufacturers fail to:

1. properly assemble product
2. properly test product
3. adequately check the quality of product

Question 10

Defect in Packaging

Answer 10

a defect that occurs when a product has been placed in packaging that is insufficiently tamper proof

Question 11

Failure to Provide Adequate Instruction

Answer 11

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

Question 12

Failure to Warn

Answer 12

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

Question 13

Generally Known Dangers

Answer 13

a defense which acknowledges that certain products are inherently dangerous and are known to the general population to be so

Question 14

Government Contract Defenses

Answer 14

a defense which proves that contractors that manufacturer’s products to government specifications are not usually liable if such a product causes injury

Question 15

Intentional Misrepresentation (Fraud)

Answer 15

a tort in which a seller or lesser fraudulently misrepresents the quality of a product and a buyer is injured thereby

Question 16

Liability Without Fault

Answer 16

strict liability

Question 17

Negligence

Answer 17

a tort related to defective products in which the defendants had breached a duty of due care and caused harm to the plaintiff

Question 18

Product Defects

Answer 18

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

Question 19

Product Liability

Answer 19

the liability of manufacturers, sellers, and others for the injuries, caused by defective products

Question 20

Punitive Damages

Answer 20

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

money

Question 21

Risk-Utility Analysis

Answer 21

where court considers gravity of danger posed; likelihood of another injury, availability and cost of producing another safer design, social utility of product, and other factors

Question 22

Statute of Limitations

Answer 22

a statute that requires an injured person to bring an action within a certain number of year from the time that they were injured by a defective product

Question 23

Statute of Repose

Answer 23

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

Question 24

Strict Liability

Answer 24

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

Question 25

Supervening Event

Answer 25

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