Product Liability

Question 1

What is product liability?

Answer 1

Product liability refers to the legal responsibility of a manufacturer or seller to compensate for injuries caused by a defective product.

Question 2

True or False: Product liability laws vary from country to country.

Answer 2

True

Question 3

What are the three types of product defects that can lead to product liability claims?

Answer 3

Design defects, manufacturing defects, and marketing defects.

Question 4

Fill in the blank: Product liability laws are designed to protect ____________.

Answer 4

consumers

Question 5

What is strict liability in the context of product liability?

Answer 5

Strict liability holds manufacturers and sellers responsible for a defective product regardless of fault or negligence.

Question 6

What is the ‘privity of contract’ doctrine in product liability?

Answer 6

The privity of contract doctrine limits liability to parties who have a direct contractual relationship with the manufacturer or seller.

Question 7

What is the role of warning labels in product liability cases?

Answer 7

Warning labels help manufacturers and sellers fulfill their duty to warn consumers of potential risks associated with a product.

Question 8

True or False: Product liability claims can only be brought against the manufacturer of a product.

Answer 8

False

Question 9

What is the statute of limitations for filing a product liability lawsuit in most jurisdictions?

Answer 9

Usually 2-4 years from the date of injury or discovery of the defect.

Question 10

What is the ‘crashworthiness doctrine’ in product liability law?

Answer 10

The crashworthiness doctrine holds vehicle manufacturers liable for injuries caused by a defect in a vehicle’s design or production.

Question 11

What is the difference between compensatory and punitive damages in a product liability case?

Answer 11

Compensatory damages are meant to compensate the injured party, while punitive damages are intended to punish the defendant for gross negligence.

Question 12

What is the role of expert witnesses in product liability cases?

Answer 12

Expert witnesses provide specialized knowledge and opinions to help the court understand complex technical issues related to the product in question.

Question 13

True or False: In a product liability case, the plaintiff must prove that the product was unreasonably dangerous.

Answer 13

True

Question 14

What is the ‘consumer expectation test’ in product liability law?

Answer 14

The consumer expectation test asks whether a product is unreasonably dangerous to an ordinary consumer based on common knowledge and experience.

Question 15

What is the ‘risk-utility test’ in product liability law?

Answer 15

The risk-utility test balances the risks and benefits of a product to determine if the risks outweigh the benefits.

Question 16

What is the role of the Consumer Product Safety Commission (CPSC) in product liability?

Answer 16

The CPSC is a federal agency that sets safety standards for consumer products and investigates product safety issues.

Question 17

True or False: Product liability claims can only be based on physical injuries caused by a defective product.

Answer 17

False

Question 18

What is the ‘economic loss rule’ in product liability law?

Answer 18

The economic loss rule limits recovery to economic damages in cases where the only harm is to the product itself.

Question 19

What is the ‘learned intermediary doctrine’ in product liability law?

Answer 19

The learned intermediary doctrine holds that manufacturers are not liable for failing to warn the end user if warnings were given to an intermediary, such as a doctor.

Question 20

What is the role of insurance in product liability cases?

Answer 20

Insurance can help manufacturers and sellers mitigate the financial risks associated with product liability claims.

Question 21

True or False: Product recalls are voluntary actions taken by manufacturers to address potential safety issues.

Answer 21

True

Question 22

What is the ‘sophisticated user defense’ in product liability law?

Answer 22

The sophisticated user defense holds that manufacturers are not liable for failing to warn if the product is intended for knowledgeable users who are aware of the risks.

Question 23

What is the role of the Federal Trade Commission (FTC) in product liability cases?

Answer 23

The FTC enforces laws related to product safety, advertising, and consumer protection.

Question 24

What is the ‘state-of-the-art defense’ in product liability law?

Answer 24

The state-of-the-art defense argues that a manufacturer should not be held liable for a product defect if the defect was not known or knowable at the time of production.