Chapter 7

Question 1

Strict/absolute liability

Answer 1

Liability without fault; held responsible no matter how careful you are

Question 2

What 3 things can fall under strict liability?

Answer 2

1. Abnormally dangerous activities
2. Wild animals
3. Product liability

Question 3

Abnormally dangerous activities

Answer 3

Activities that are mildly dangerous, like demolition or explosions :3

Question 4

Wild animals

Answer 4

Domesticating a wild animal, like a tiger or wolf

Question 5

Product liability

Answer 5

Goods that don’t work and/or hurt others

Question 6

Manufacturers and sellers have an obligation to…

Answer 6

Make sure their final products are safe and functional

Question 7

What are the 3 theories of product liability?

Answer 7

1. Negligence
2. Misrepresentation
3. Strict liability

Question 8

Negligence (in product liability)

Answer 8

Failing to ensure the product is of its upmost quality

Question 9

Can someone injured by a defective product sue even if they didn’t buy that product in question?

Answer 9

Yes

Question 10

Misrepresentation (in product liability)

Answer 10

Intentionally decieving/lying about a product

Question 11

Privity of Contract

Answer 11

The relationship between the buyer and seller in a contract

Question 12

Is a privity of contract required for a product liability action based on negligence?

Answer 12

No

Question 13

Who is held liable in Strict Product Liability?

Answer 13

Manufacturers are held liable for their goods

Question 14

Manufacturing defect

Answer 14

When the product doesn’t work/look as it’s supposed to

Product quality didn’t deliver

Question 15

Design defect

Answer 15

When an injury resulted from faulty product design

Question 16

The plaintiff can assert a successful design defect if…

Answer 16

An alternate design of the product exists, and would’ve prevented the plaintiff’s injury had that design been used instead

Question 17

An unreasonably dangerous product has to be…

Answer 17

Defective to the point of threatening a consumer’s health and safety

Question 18

How can manufacturing defects happen?

Answer 18

If the manufacturer fails to ensure the product’s quality adequately

Question 19

Market share liability is shared among…

Answer 19

All firms involved with a defective product

In other words, sharing the blame

Question 20

Preemption

Answer 20

A successful defense raised by defendants in recent years

Question 21

Do government regulation preempt claims for product liability?

Answer 21

Yes

Question 22

Product misuse

Answer 22

Plaintiff got hurt because they didn’t use the product as intended

Question 23

If the manufacturers know misuse can be a foreseeable problem…

Answer 23

They must put warnings/disclaimers on their product

Question 24

Manufacturers don’t need a warning for _____, since the dangers associated with certain products are common knowledge

Answer 24

Commonly known dangers

Question 25

Courts in many jurisdictions considers the actions of…

Answer 25

Both the plaintiff and defendant when apportioning liability and damages

(Comparative negligence)

Question 26

Professionals who should know the dangers of certain things a regular person wouldn’t know are called…

Answer 26

Knowledgeable users

Question 27

The injured party must bring a product liability claim within…

Answer 27

2 to 4 years