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Exam 10: Product Liability

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Question 51

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Dylan's family bought Dylan, who weighs 275 pounds, an exercise bicycle from a popular sports retailer in his community. The first time that Dylan hopped on the bike, it collapsed, throwing him to the floor and severely bruising his ankle. Dylan wants to sue for his injuries. He asked an expert in exercise equipment to examine the bicycle. The expert told him that the bike was properly manufactured. It was not, however, designed for individuals weighing over 250 pounds. There was a warning to that effect in the brochure that came with the bicycle, but Dylan's family discarded the brochure along with the packaging, and Dylan never saw the warning. Is there any negligence theory under which Dylan can recover? If so, what is it, and what must Dylan demonstrate to succeed on his claim?

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Dylan could sue for negligent failure to...

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Question 52

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Which of the following is true in regards to Scandinavian countries in light of product liability insurance?

A) Manufacturers, producers, and importers of similar products form cooperative groups and obtain an insurance policy.
B) Product liability insurance is paid for by their respective country's governments.
C) Only importers are allowed to have product liability insurance.
D) manufacturers must cover importers' liability premiums.
E) Producers and importers must pay at least half of the manufacturers' costs for product liability premiums.

F) A) and B)
G) C) and D)

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Question 53

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When an individual product has a defect making it more dangerous than identical products, that individual product is said to have which of the following defects?

[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. -Can Alessia sue only ColorCo, the largest lead paint manufacturer who manufactured the type of paint in her home, even though there are other paint manufacturers who produced an identical defective product?

[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. -If the product packaging had contained a warning regarding dizziness in individuals with high blood pressure and Julia proceeded to take the drug despite its warning, what would be the company's best defense?

Since states are not in agreement as to how to establish a design defect, what two theories have evolved to determine when a product is so defective as to be dangerous?

A manufacturer of a raw material, such as baking soda, has no duty to warn the public of the consequences of using the product in a dangerous or criminal manner.

Kobi was a budding young tennis star. He purchased several new state of the art tennis rackets from a local tennis merchant. Each racket cost Kobi over $600. As Kobi went to serve with his new racket, as soon as the ball contacted the racket head, the racket head splintered causing the strings to become unbound. Each of Kobi's new rackets responded the same way, rendering them useless. If Kobi sues, what warranty theory would he sue on?

When an individual glass bottle of soda shatters in someone's hand causing a cut, and most bottles of the same type do not ordinarily shatter in that manner, the most likely type of defect in that bottle is a ________ defect.

Which of the following defenses identifies that the harm was caused by the plaintiff's failure to properly use the product rather than by the defendant's negligence?