Question 1

Which of the following is true about expert witnesses?

Accepted Answer

A)   Expert witnesses are widely used because of the low cost involved.
B)   Judges are responsible for assessing the admissibility of an expert's opinion.
C)   Expert witnesses are not deposed during litigation.
D)   Only the plaintiff hires an expert in order to show causation.
E)   The defendant usually hires an expert whose testimony is limited to evaluating the age of the defective product.F) A) and C)
G) None of the above

Question 2

[Scissors Injury] Yvonne bought a new pair of large-sized, extra-sharp scissors made by CutCo at her local store, BuyStuff. At the time of purchase, Yvonne noticed that the packaging was torn. The clerk offered her a discount because of the damage. When Yvonne tried to open the package containing the scissors at home, she found the hard plastic packaging was difficult to open. Her roommate, Gwen, handed her a knife to cut the packaging. While Yvonne was cutting, the hard plastic sliced her finger, causing her to drop the package. When the package fell, the scissors fell out of the package onto Yvonne's toe. Gwen then picked up the scissors and ran to call an ambulance. Unfortunately, she tripped and fell while running with the scissor blades facing up, and was stabbed in the stomach. Yvonne and Gwen each suffered injuries and sued CutCo and BuyStuff, alleging strict product liability.
-Cutco believes it is not liable under the state-of-the-art defense. Is Cutco likely to be correct?

Accepted Answer

A)   Yes, if Cutco can prove it was not technologically feasible to produce a safe product at the time the product was produced.
B)   Yes, if CutCo can prove its behavior was reasonable, given the available scientific knowledge existing at the time the product was sold or produced.
C)   Yes, if CutCo can prove the benefits of the product outweighed the risks posed by the defect in the product design.
D)   No, if the plaintiffs can prove CutCo's behavior was unreasonable.
E)   No, the state-of-the-art defense is not available in most strict liability cases.F) B) and E)
G) B) and C)

Question 3

Strict product liability focuses on the actions of the manufacturer or seller, not the product.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following is a defense used by a defendant to demonstrate that his alleged negligent behavior was reasonable, given the available scientific knowledge existing at the time the product was sold or produced?

Accepted Answer

A)   Assumption of the risk.
B)   Scientific knowledge doctrine.
C)   State-of-the-art defense.
D)   Reasonable behavior defense.
E)   Reasonable manufacturer defense.F) C) and D)
G) C) and E)

Question 5

Theo is an aspiring young scientist who agrees to testify at his friend Luminar's trial. Theo has a college degree in chemistry but has not worked in the field, but has a lab in his basement where he conducts experiments. The courts would consider Luminar's testimony as:

Accepted Answer

A)   Expert testimony because he has a college degree.
B)   Expert testimony because he has a lab in his basement.
C)   Qualified testimony because he has a college degree.
D)   Limited testimony because he has not worked in the field.
E)   Junk science.F) A) and C)
G) A) and B)

Question 6

Under strict product liability, the actions of the manufacturer or seller are not relevant; rather, strict product liability focuses on ________.

Accepted Answer

A)   The negligence of the parties
B)   How the product was sold
C)   The product itself
D)   Assumption of the risk
E)   How the product was paid forF) B) and E)
G) B) and D)

Question 7

Even if a harmful product cannot be traced back to a particular manufacturer, a plaintiff may still be able to recover in a products liability action under the market share theory.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following products would likely have the lowest cost for product liability insurance?

Accepted Answer

A)   Cook top stove.
B)   Toaster oven.
C)   Window blinds with cords.
D)   Decorative wall art.
E)   Child's car seat.F) All of the above
G) B) and C)

Question 9

________ is when an individual is a party to a contract.

Accepted Answer

A)   Being a promissory to the contract.
B)   Being in association with contract.
C)   Being in connect to contract.
D)   Being in privity of contract.
E)   Being conscious by contract.F) A) and B)
G) A) and D)

Question 10

Which of the following do courts often consider in determining whether a manufacturer was negligent in failing to warn?

Accepted Answer

A)   The likelihood of the injury only.
B)   The seriousness of the injury only.
C)   The ease of warning only.
D)   The likelihood of the injury and the seriousness of the injury but not the ease of warning.
E)   The likelihood of the injury, the seriousness of the injury, and the ease of warning.F) B) and D)
G) A) and D)

Question 11

As recognized by the court in Sperry-New Holland v. John Paul Prestage and Pam Prestage, which of the following is true regarding the consumer expectations test for product defect?

Accepted Answer

A)   That if the plaintiff, applying the knowledge of an ordinary consumer, sees the danger and can appreciate that danger, then he cannot recover for any injury resulting from that appreciated danger.
B)   That a plaintiff cannot recover if a reasonable person would conclude that the danger in fact of the product, whether foreseeable or not, outweighs the utility of the product.
C)   That a plaintiff may only recover if the plaintiff was the purchaser of the product causing injury.
D)   That a plaintiff may only recover if consumer oriented household goods are involved.
E)   That a plaintiff may only recover if the plaintiff reasonably expected the manufacturer to have insurance, that the manufacturer did have insurance of the type to cover the injury at issue, and that the plaintiff had no part in causing the injury.F) A) and D)
G) A) and B)

Question 12

Define and describe the three commonly used theories of recovery in product liability cases and set forth the two common elements that a plaintiff must generally show in order to prevail under a product liability theory.

Accepted Answer

The three commonly used theories of reco...

Question 13

The lack of a feasible way to make a safer product prevents liability based upon an alleged defective product as a matter of law.

Accepted Answer

A) True 
 B)False

Question 14

________ is a theory of negligence that teaches that an accident that is unlikely to occur unless the defendant was negligent is itself circumstantial evidence that the defendant was negligent.

Accepted Answer

A)   Strict liability
B)   Res ipsa loquitur
C)   Warranty of fitness
D)   Comparative negligence
E)   Negligence per seF) None of the above
G) A) and C)

Question 15

[Squirt Gun Mishap] Marie decided to purchase a large squirt gun for her son, Alex, to use while playing in the pool. The squirt gun was of a very elaborate variety and had a number of different attachments for different sprays of water. The squirt gun came with instructions for assembly and use, and provided warnings against various types of misuse. The pamphlet that came with the squirt gun advised that the squirt gun should be used only under adult supervision, that it must not be used by children under 11 years old, and that nothing should be put into the squirt gun except water. Alex had a party for his tenth birthday at the pool. A number of children came. A guest, Sophie, age 10, decided to load pebbles along with water into the gun. She began shooting the gun and hit Rachel, another guest, in the eye, requiring treatment at an emergency room. Rachel required some minor surgery, but sustained no permanent injury. Rachel's parents stated that they looked at the squirt gun when they initially arrived at the party, but did not notice any warnings affixed directly to the product. Rachel's parents want to sue someone for something, but they do not particularly want to sue Marie, their friend and hostess of the party.
-Which statement is true regarding any assertion by Rachel's parents that a warning should have been affixed to the product itself to warn adults as well as children?

Accepted Answer

A)   There is a federal law that provides that manufacturers are not required to affix warnings directly to a product.
B)   Most state laws provide that manufacturers are not required to affix warnings directly to a product.
C)   Rachel's parents cannot complain because they did not purchase the squirt gun.
D)   If parties other than the original purchasers will likely use the product, a warning should be placed directly on the product itself.
E)   Court cases hold that warnings on a product are not required so long as the purchaser is given an instructional pamphlet setting forth warnings.F) B) and C)
G) D) and E)

Question 16

[Scissors Injury] Yvonne bought a new pair of large-sized, extra-sharp scissors made by CutCo at her local store, BuyStuff. At the time of purchase, Yvonne noticed that the packaging was torn. The clerk offered her a discount because of the damage. When Yvonne tried to open the package containing the scissors at home, she found the hard plastic packaging was difficult to open. Her roommate, Gwen, handed her a knife to cut the packaging. While Yvonne was cutting, the hard plastic sliced her finger, causing her to drop the package. When the package fell, the scissors fell out of the package onto Yvonne's toe. Gwen then picked up the scissors and ran to call an ambulance. Unfortunately, she tripped and fell while running with the scissor blades facing up, and was stabbed in the stomach. Yvonne and Gwen each suffered injuries and sued CutCo and BuyStuff, alleging strict product liability.
-BuyStuff's attorney wants to file a motion to dismiss, claiming that BuyStuff is not the manufacturer and cannot be held liable for the injuries. Is BuyStuff's attorney correct?

Accepted Answer

A)   No, because BuyStuff did not manufacture the product.
B)   No, because a retailer cannot be held liable under the strict product liability theory.
C)   No, a retailer may be held liable under strict product liability.
D)   Yes, but only if BuyStuff holds a substantial share of the market.
E)   No, because strict product liability focuses on the actions of the manufacturer in producing the product.F) B) and E)
G) C) and D)

Question 17

A defendant who acts in compliance with federal laws may argue that state tort law is ________ by a federal statute designed to ensure the safety of a particular class of products.

Accepted Answer

A)   Preempted
B)   Complimented
C)   Refuted
D)   Extinguished
E)   UpheldF) A) and D)
G) A) and B)

Question 18

[Lead paint] Alessia grew up in an old house. When Alessia was 25 years old, she was diagnosed with permanent kidney and nervous system damage, which doctors determined was linked to the lead paint she chipped off her windows and digested when she was a younger child. In order to offset some of the continuing medical costs, Alessia wants to sue the lead paint manufacturer, however, she doesn't know what brand of paint was used in her home. The most popular brand of lead paint in her area at the time the interior of her house was painted was made by ColorCo, but PaintCo and BrightCo were significant producers also with PaintCo having sales just behind ColorCo.
-Which paint manufacturers can Alessia sue?

Accepted Answer

A)   ColorCo, the largest manufacturer and the most popular brand.
B)   Only the manufacturer that produced the paint that harmed her if it can be proven by scientific evidence which company produced the paint.
C)   ColorCo or PaintCo, not BrightCo because their market share was less.
D)   ColorCo, PaintCo, and BrightCo, but only if their products were identical, shared the same defective qualities and were sold in Alessia's area during the relevant time.
E)   None of the manufacturers, it is impossible to determine fault in a case that is this old.F) C) and D)
G) B) and C)

Question 19

What was the result on appeal of the R. J. Reynolds Tobacco case in the text in which the trial court awarded a smoker approximately $200,000 against R. J. Reynolds Tobacco?

Accepted Answer

A)   The appellate court reversed the award, finding the company had no duty to warn smokers of the harm associated with smoking cigarettes.
B)   The appellate court reversed the award because harm from smoking cigarettes was unforeseeable.
C)   The appellate court affirmed the award against R. J. Reynolds Tobacco, which before 1969 had negligently failed to warn smokers of the harm associated with smoking cigarettes.
D)   The appellate court affirmed the award, even though the product was misused.
E)   The appellate court reversed the award because consumers were harmed only when they misused the product.F) B) and C)
G) C) and D)

Question 20

[Allergy Injuries] Drug company ABC Drugs introduced a new over-the-counter allergy pill guaranteed to prevent sneezing and sniffling for twenty-four hours after the consumption of one pill. The packaging contained warnings of the drug's side effects, including nausea and headache. After it was initially put on the market, the company became aware of a risk of dizziness from the drug in people with high blood pressure. However, the company did not warn of the additional risk because the company was concerned that individuals might not buy the pill. The risk of dizziness for the average person was extremely low. Julia had suffered allergies for years and had tried nearly every new product on the market. She even maintained a blog called "Ask the Expert About Allergies." She thought that ABC's pill was a great idea and purchased it at her local convenience store. She purchased the product after the date the company became aware of the issues involving dizziness. She took one pill and felt fine for a few days. Then, however, she began feeling dizzy. Her dizziness caused her to fall and break her leg on a flight of steps. She later discovered that the allergy pill likely made her dizzy. Julia sued under state law alleging failure to warn of the dangerous side effect of the drug. The drug company claimed that it had no duty to list dizziness as a risk because it was an over-the-counter drug and the risk of dizziness to the average person was extremely rare.
-Is the company correct that it had no duty to warn of the risk of dizziness?

Accepted Answer

A)   Yes. Although the company knew or should have known about the risk to individuals with high blood pressure, the drug was an over-the-counter drug and the company thus had no duty to protect every person in every situation.
B)   No, because the drug contained an ingredient which adversely affected some people with high blood pressure and the company knew or should have known about the risk to individuals with high blood pressure.
C)   Yes, because it was an over-the-counter drug.
D)   Yes because it was an over-the-counter drug and the risk of dizziness to the average person was extremely low.
E)   No, but only if the plaintiff can show the drug adversely affected all individuals with high blood pressure and she was a member of that group.F) B) and C)
G) A) and D)

Exam 10: Product Liability

Correct Answer
verified

Correct Answer
verified

________ is when an individual is a party to a contract.

Correct Answer
verified

What was the result on appeal of the R. J. Reynolds Tobacco case in the text in which the trial court awarded a smoker approximately $200,000 against R. J. Reynolds Tobacco?

Correct Answer
verified

Which of the following is a defense used by a defendant to demonstrate that his alleged negligent behavior was reasonable, given the available scientific knowledge existing at the time the product was sold or produced?

Correct Answer
verified

A defendant who acts in compliance with federal laws may argue that state tort law is ________ by a federal statute designed to ensure the safety of a particular class of products.

Correct Answer
verified

Strict product liability focuses on the actions of the manufacturer or seller, not the product.

Correct Answer
verified

As recognized by the court in Sperry-New Holland v. John Paul Prestage and Pam Prestage, which of the following is true regarding the consumer expectations test for product defect?

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Theo is an aspiring young scientist who agrees to testify at his friend Luminar's trial. Theo has a college degree in chemistry but has not worked in the field, but has a lab in his basement where he conducts experiments. The courts would consider Luminar's testimony as:

Correct Answer
verified

Define and describe the three commonly used theories of recovery in product liability cases and set forth the two common elements that a plaintiff must generally show in order to prevail under a product liability theory.

Correct Answer
verified
The three commonly used theories of reco...
View Answer

Under strict product liability, the actions of the manufacturer or seller are not relevant; rather, strict product liability focuses on ________.

Correct Answer
verified

________ is a theory of negligence that teaches that an accident that is unlikely to occur unless the defendant was negligent is itself circumstantial evidence that the defendant was negligent.

Correct Answer
verified

Which of the following products would likely have the lowest cost for product liability insurance?

Correct Answer
verified

Which of the following do courts often consider in determining whether a manufacturer was negligent in failing to warn?

Correct Answer
verified

The lack of a feasible way to make a safer product prevents liability based upon an alleged defective product as a matter of law.

Correct Answer
verified

Which of the following is true about expert witnesses?

Correct Answer
verified

Even if a harmful product cannot be traced back to a particular manufacturer, a plaintiff may still be able to recover in a products liability action under the market share theory.

Correct Answer
verified

Correct Answer
verified

Exam 10: Product Liability

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

________ is when an individual is a party to a contract.

Correct AnswerverifiedShow Answer

What was the result on appeal of the R. J. Reynolds Tobacco case in the text in which the trial court awarded a smoker approximately $200,000 against R. J. Reynolds Tobacco?

Correct AnswerverifiedShow Answer

Which of the following is a defense used by a defendant to demonstrate that his alleged negligent behavior was reasonable, given the available scientific knowledge existing at the time the product was sold or produced?

Correct AnswerverifiedShow Answer

A defendant who acts in compliance with federal laws may argue that state tort law is ________ by a federal statute designed to ensure the safety of a particular class of products.

Correct AnswerverifiedShow Answer

Strict product liability focuses on the actions of the manufacturer or seller, not the product.

Correct AnswerverifiedShow Answer

As recognized by the court in Sperry-New Holland v. John Paul Prestage and Pam Prestage, which of the following is true regarding the consumer expectations test for product defect?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Theo is an aspiring young scientist who agrees to testify at his friend Luminar's trial. Theo has a college degree in chemistry but has not worked in the field, but has a lab in his basement where he conducts experiments. The courts would consider Luminar's testimony as:

Correct AnswerverifiedShow Answer

Define and describe the three commonly used theories of recovery in product liability cases and set forth the two common elements that a plaintiff must generally show in order to prevail under a product liability theory.

Correct AnswerverifiedThe three commonly used theories of reco...View AnswerShow Answer

Under strict product liability, the actions of the manufacturer or seller are not relevant; rather, strict product liability focuses on ________.

Correct AnswerverifiedShow Answer

________ is a theory of negligence that teaches that an accident that is unlikely to occur unless the defendant was negligent is itself circumstantial evidence that the defendant was negligent.

Correct AnswerverifiedShow Answer

Which of the following products would likely have the lowest cost for product liability insurance?

Correct AnswerverifiedShow Answer

Which of the following do courts often consider in determining whether a manufacturer was negligent in failing to warn?

Correct AnswerverifiedShow Answer

The lack of a feasible way to make a safer product prevents liability based upon an alleged defective product as a matter of law.

Correct AnswerverifiedShow Answer

Which of the following is true about expert witnesses?

Correct AnswerverifiedShow Answer

Even if a harmful product cannot be traced back to a particular manufacturer, a plaintiff may still be able to recover in a products liability action under the market share theory.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The three commonly used theories of reco...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified