Strict Liability & Product (Chapter 7) Flashcards
The explosive demolition of a rock formation by Mountain Blasters Inc. injures Noh, who is hiking on a nearby slope. Under the doctrine of strict liability, Mountain Blasters must pay for Noh’s injury
without regard to the fault of the company.
Wild Life LLC keeps and displays domestic and wild animals in a rural setting for an interested public. Strict liability is imposed on this activity because
the activity is extremely risky.
Baby Things Inc. makes and sells a crib to Cara. Baby Things fails to exercise “due care” to make the crib safe, and Cara’s child Dua is injured as a result. Baby Things is most likely liable for
negligence
Cultivator Inc. designs and makes tractors, balers, and other farm equipment. In a product liability suit based on negligence, Cultivator could be liable for failing to exercise due care with respect to all of the following except
the growth of the equipment’s sales.
Motor Corporation (MC) makes cars and trucks. National Sales Company sells all MC vehicles. Open Road Inc. leases only the cars. Under product liability laws, liability for injuries or damage caused by an MC vehicle may be imposed on
MC, National Sales, or Open Road.
Bright n’ Clean Company makes shampoo and other hair care products. Cub is injured by the use of a Bright n’ Clean product and sues the company for product liability based on negligence. To win, Cub must show that
Bright n’ Clean failed to use due care in making the product.
Airsoft, Inc. makes toys. Airsoft intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Bing buys an Airsoft product and suffers an injury. Airsoft is most likely liable for
fraud.
Bedding Plus Inc. makes a pillow that Comfort Stuff sells to Demi. Bedding fails to exercise “due care,” and Demi is injured by toxic material used to fill in the pillow. Comfort Stuff is most likely liable for
negligence.
EZ Co-op Inc. sells Fill-Up cattle feed to ranchers. Gina buys and feeds Fill-Up to her herd. The feed is poisoned. Gina sues EZ for product liability based on negligence. To win, Gina must show
that the feed caused her damage.
Chem Company and Dura Plastics Inc. make and distribute a certain toxic chemical that is discovered in the water supply of the county in which their plants are located. In a product liability suit against both makers, market-share liability may be imposed on
both parties.
EquiMeds Company and GenDrugs Inc. make and distribute prescription drugs. In a product-liability suit against both parties, the court is most likely to impose market-share liability if it cannot be proved which of the parties
supplied the particular product that caused the injury.
ColdPlay Corporation makes snowmobiles. Dale is injured when a defect unexpectedly accelerates the Cold Play vehicle he is driving, and he is thrown off. Esty, a hiker standing in the path of the unmanned vehicle, is struck and injured. In a suit based on strict product liability, ColdPlay may be liable to
Dale and Esty.
Rev Motor Company buys plugs and points from Sparkplugs Inc. and puts them in Rev vehicles without changing their composition. If the parts are defective, strictly liable for any damage caused by the defects may be
Rev and Spark Plugs.
Opal is working on a construction site when she is injured on the job in the collapse of a Plank Company-made ceiling beam. At the time, Opal was not wearing any safety gear. In Opal’s product liability suit against Plank, the company can most successfully raise the defense of
comparative
Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set’s best defense is
most likely
knowledgeable user.
