Chapter 7

Question 1

Statutes of repose

Statue of limitation

Answer 1

Time limits on product liability actions

Question 2

Defenses to product liability

Answer 2

Defendant can show that the plaintiff has not met the requirements (causation)

Question 3

List the different type of defenses to product liability

Answer 3

Preemption
Assumption of risk
Product misuse
Comparative negligence
Commonly know dangers
Knowledgeable user
Statute of limitations

Question 4

Market share liability

Answer 4

Hold each manufacturer responsible for a percentage of the plaintiffs damages. That is equal to the percentage of its market share.

Question 5

Foreseeable misuses

Answer 5

It’s product of the harm that can result from the foreseeable misuse of the product

Question 6

Obvious risk

Answer 6

There is no duty to warn about risks that are obvious

Question 7

Inadequate warnings

Answer 7

Could have been reduced or avoided by the provision of reasonable instruction or warnings

Question 8

Consumer expectation test

Answer 8

To determine a product is un-reasonably dangerous

Question 9

Design defects

Answer 9

1. Reasonable alternative design was available.

2. Defendant failure to adopt the alternative design rendered the product not reasonably safe.

Question 10

Product defects

Answer 10

1. Manufacturing defects
2. Design defects
3. Inadequate warnings.

Question 11

Unreasonably dangerous product

Answer 11

1. Product was dangerous beyond the expectation

2. Economically feasible for the manufacturer

Question 12

Requirements for strict product liability

Answer 12

1. Defective condition
2. Business of selling
3. Unreasonably dangerous
4. Physical harm
5. Proximate cause
6. Goods must not have been substantially changed

Question 13

Strict product liability

Answer 13

Liable for the results of their acts regardless of their intentions or their exercise of reasonable care

Question 14

Tolled

Statue of limitation

Answer 14

Extending statue of limitation by both party agreement