Product Liability: Understanding Manufacturer and Seller Responsibilities

Question 1

In a product liability case, which elements must be proven to establish negligence?

Accepted Answer

Duty of care, breach of duty, causation, and damages

Answer

Breach of warranty, strict liability, assumption of risk, and contributory negligence

Answer

Intent to harm, foreseeability of harm, and actual damages

Answer

Privity of contract, statute of limitations, and punitive damages

Question 2

Which of the following is NOT an essential element of a product liability claim based on strict liability?

Accepted Answer

The defendant was negligent

Answer

The product was defective

Answer

The defect caused the plaintiff's injuries

Answer

The plaintiff was using the product as intended

Question 3

Who may be held liable in a product liability case when a retailer sells a defective product manufactured by another company?

Accepted Answer

Both the retailer and the manufacturer

Answer

Only the retailer

Answer

Only the manufacturer

Answer

Neither the retailer nor the manufacturer

Question 4

What is the purpose of the 'crashworthiness doctrine' in product liability law?

Accepted Answer

To require manufacturers to design vehicles that minimize injuries in crashes

Answer

To impose strict liability on manufacturers of vehicles involved in accidents

Answer

To provide a defense to manufacturers in cases where the plaintiff's injuries were caused by their own negligence

Answer

To limit the amount of damages that can be awarded in product liability cases

Question 5

Which factor is NOT considered when determining whether a product is unreasonably dangerous?

Accepted Answer

The injured party's subjective perception of the product's danger

Answer

The severity of potential injuries

Answer

The likelihood of the product causing injury

Answer

The cost of making the product safer

Question 6

What is the significance of the 'learned intermediary doctrine' in product liability cases involving prescription drugs?

Accepted Answer

It relieves manufacturers of liability for injuries caused by prescription drugs if the doctor was aware of the risks

Answer

It imposes a duty on doctors to warn patients of the risks of prescription drugs

Answer

It requires patients to prove that they relied on the manufacturer's representations when taking the drug

Answer

It bars claims against manufacturers for injuries caused by prescription drugs approved by the FDA

Question 7

How do compensatory damages differ from punitive damages in product liability cases?

Accepted Answer

Compensatory damages aim to compensate the plaintiff for their injuries, while punitive damages aim to punish the defendant

Answer

Compensatory damages are only awarded in cases involving physical injuries, while punitive damages are awarded in cases involving economic losses

Answer

Compensatory damages are limited by law, while punitive damages are not

Answer

There is no difference between compensatory damages and punitive damages

Question 8

In product liability, what is the key difference between negligence and strict liability?

Accepted Answer

Negligence requires proof of fault, while strict liability does not.

Answer

Negligence applies to manufacturers only, while strict liability applies to all parties.

Answer

Strict liability focuses on design defects only, while negligence covers both design and manufacturing defects.

Answer

Strict liability requires proof of actual damages, while negligence does not.

Question 9

Which of the following is NOT an essential element of a product liability claim based on strict liability?

Accepted Answer

Foreseeability of harm by the defendant

Answer

Harm caused to the plaintiff

Answer

Defect in the product

Answer

Causation of harm by the defect

Question 10

In which type of product liability case must the plaintiff demonstrate that the defendant's actions or omissions fell below an acceptable standard of care?

Accepted Answer

Negligence

Answer

Breach of warranty

Answer

Strict liability

Answer

Trespass to chattels

Question 11

Which of the following is NOT a potential factor contributing to product defects?

Accepted Answer

Natural disasters

Answer

Design flaws

Answer

Manufacturing errors

Answer

Improper use by the consumer

Question 12

Which of the following is the primary policy justification for imposing strict liability in product liability cases?

Accepted Answer

To promote safety and innovation by incentivizing manufacturers to produce safer products

Answer

To deter manufacturers from producing unsafe products

Answer

To ensure equitable compensation for victims

Answer

To shift the burden of proof to manufacturers

Question 13

Which of the following is **not** a strict liability tort?

Accepted Answer

Negligence

Answer

Battery

Answer

Trespass

Answer

Product Liability

Question 14

What is the "privity of contract" requirement in product liability cases?

Accepted Answer

There is no longer a privity of contract requirement in product liability cases.

Answer

The plaintiff must be in a contractual relationship with the manufacturer.

Answer

The plaintiff must have suffered physical harm.

Answer

The defendant must have intended to cause harm.

Question 15

What is the purpose of a warning label on a product?

Accepted Answer

To inform consumers of potential hazards and reduce the risk of injury

Answer

To absolve the manufacturer of all liability

Answer

To shift the burden of proof to the plaintiff

Answer

To create an implied warranty of safety

Question 16

What is the "consumer expectation test" used to determine product defectiveness?

Accepted Answer

The product should perform as an ordinary consumer would expect.

Answer

The product should be safe for its intended use.

Answer

The product should be free from any hidden defects.

Answer

The product should meet industry standards.

Question 17

What is the Statute of Limitations for a product liability claim in most states?

Accepted Answer

Varies depending on the state

Answer

1 year

Answer

2 years

Answer

3 years

Question 18

Which of the following is a government agency responsible for regulating product safety?

Accepted Answer

Consumer Product Safety Commission

Answer

Federal Trade Commission

Answer

Food and Drug Administration

Answer

Environmental Protection Agency

Question 19

In product liability cases, what is the key difference between actual and potential harms?

Accepted Answer

Actual harms have already occurred, while potential harms may occur in the future.

Answer

Actual harms are always more severe than potential harms.

Answer

Potential harms cannot lead to a product liability claim.

Question 20

In product liability, how do express warranties differ from implied warranties?

Accepted Answer

Express warranties are specific promises about the product's performance or features, while implied warranties are general statements about its overall quality.

Answer

Express warranties are made by the manufacturer, while implied warranties come from the seller.

Answer

Express warranties are always valid, while implied warranties only apply to defective products.

Answer

Express warranties can be waived, while implied warranties cannot.

Question 21

Which of the following is NOT an element of a product liability claim based on strict liability?

Accepted Answer

Fault or negligence of the defendant

Answer

Defect in the product

Answer

Causal connection between the defect and the plaintiff's injuries

Answer

Plaintiff's lack of knowledge of the defect

Question 22

Which type of warranty ensures that the product is suitable for a specific purpose intended by the buyer?

Accepted Answer

Implied warranty of fitness for a particular purpose

Answer

Express warranty

Answer

Implied warranty of merchantability

Answer

Limited warranty

Question 23

Which of the following is an example of a strict liability tort?

Accepted Answer

Product liability

Answer

Assault

Answer

Breach of contract

Answer

Defamation

Question 24

What is the primary function of the Consumer Product Safety Commission (CPSC)?

Accepted Answer

To establish and enforce product safety regulations

Answer

To offer legal representation to consumers in product liability cases

Answer

To develop educational resources on product safety

Answer

To provide compensation to victims of product-related injuries

Question 25

Which of the following is NOT recognized as a type of product defect?

Accepted Answer

Compliance defect

Answer

Design defect

Answer

Manufacturing defect

Answer

Warning defect

Question 26

In the United States, the time limit for filing a product liability claim is typically:

Accepted Answer

Determined by the specific state's laws

Answer

2 years

Answer

5 years

Answer

10 years

Question 27

In a product liability case, how does a statute of repose affect a plaintiff's ability to file a lawsuit?

Accepted Answer

Imposes a strict deadline for filing a lawsuit

Answer

Extends the time frame for filing a lawsuit

Answer

Eliminates the statute of limitations for product liability claims

Answer

Allows plaintiffs to file a lawsuit at any time after an injury occurs

Question 28

Which of the following defenses is commonly raised by a defendant in a product liability case?

Accepted Answer

Both B and C

Answer

Statute of limitations

Answer

Assumption of risk

Answer

Contributory negligence

Question 29

A common defense to a strict product liability claim based on design defect is:

Accepted Answer

State-of-the-art defense

Answer

Learned intermediary defense

Answer

Assumption of the risk defense

Answer

Statute of limitations defense

Question 30

Which of the following is NOT an essential element of a strict liability claim in product liability?

Accepted Answer

The defendant was negligent in manufacturing the product

Answer

A defect in the product

Answer

An injury or damage caused by the product

Answer

The defendant is engaged in the business of selling the product

Question 31

Which of the following is NOT a recognized type of product defect?

Accepted Answer

Marketing defect

Answer

Manufacturing defect

Answer

Design defect

Answer

Warning defect

Question 32

Which of the following federal agencies has primary responsibility for regulating the safety of consumer products?

Accepted Answer

Consumer Product Safety Commission (CPSC)

Answer

Food and Drug Administration (FDA)

Answer

Environmental Protection Agency (EPA)

Answer

Occupational Safety and Health Administration (OSHA)

Question 33

Which of the following is NOT a potential remedy in a product liability case?

Accepted Answer

Specific performance

Answer

Compensatory damages

Answer

Punitive damages

Answer

Injunction

Question 34

In product liability, what's the main difference between a design defect and a manufacturing defect?

Accepted Answer

A design defect is a flaw in the product's design, while a manufacturing defect is a mistake made during production.

Answer

Design defects are always more serious than manufacturing defects.

Answer

Manufacturing defects can only happen if there's also a design defect.

Question 35

Which of the following elements is not required to establish a product liability claim based on strict liability?

Accepted Answer

Plaintiff's contributory negligence

Answer

Defect in the product

Answer

Causal link between the defect and the injury

Answer

Injury caused by the product

Question 36

In a product liability case based on negligence, the plaintiff must prove their case by a standard of:

Accepted Answer

Preponderance of the evidence

Answer

Beyond a reasonable doubt

Answer

Clear and convincing evidence

Answer

Prima facie case

Question 37

What is the purpose of an express warranty in product liability law?

Accepted Answer

To create a binding contract between the manufacturer and the consumer, defining the product's promised performance.

Answer

To provide a defense against claims of negligence

Answer

To impose strict liability on the seller

Question 38

Which of the following is an example of an express warranty?

Accepted Answer

A written statement from the manufacturer guaranteeing that the product will perform as advertised

Answer

An implied warranty of fitness for a particular purpose

Answer

A disclaimer of liability

Answer

An implied warranty of merchantability

Question 39

When assessing the adequacy of a product warning, which factor is of primary importance?

Accepted Answer

The severity of the risk posed by the product

Answer

The cost to the manufacturer of providing the warning

Answer

The size and placement of the warning label

Question 40

What is the intended purpose of a statute of repose in product liability law?

Accepted Answer

To establish a time limit beyond which a plaintiff can no longer file a product liability claim, regardless of when the injury occurred.

Answer

To provide a complete defense to claims based on strict liability

Answer

To create a presumption of negligence on the part of the manufacturer

Question 41

Which of the following is not a characteristic of a class action lawsuit?

Accepted Answer

A lawsuit filed by a single individual seeking compensation for their own injuries

Answer

A lawsuit filed by a group of plaintiffs who have suffered similar injuries from the same product

Answer

A lawsuit brought by a consumer protection organization on behalf of its members

Question 42

What is the primary mission of the Consumer Product Safety Commission (CPSC)?

Accepted Answer

To safeguard the public from the unreasonable risks of injury or death posed by consumer products.

Answer

To investigate and prosecute product liability claims

Answer

To regulate the sale and distribution of prescription drugs

Question 43

Which of the following is NOT an element of a product liability claim based on strict liability?

Accepted Answer

Contributory negligence

Answer

Defect in the product

Answer

Proximate cause

Answer

Damages

Question 44

Under which theory of product liability can a plaintiff recover damages for a product that was not defective but caused harm due to inadequate warnings or instructions?

Accepted Answer

Breach of implied warranty

Answer

Trespass to chattels

Answer

Negligence

Answer

Strict liability

Question 45

What is the purpose of the Consumer Product Safety Commission (CPSC)?

Accepted Answer

To protect consumers from unsafe products

Answer

To test and approve new products

Answer

To regulate the manufacture of products

Answer

To provide consumer education

Question 46

What is the difference between negligence and strict liability in product liability?

Accepted Answer

Negligence requires proof of fault, while strict liability does not.

Answer

Negligence applies to manufacturers only, while strict liability applies to both manufacturers and sellers.

Answer

Strict liability applies to defective products only, while negligence applies to all products.

Question 47

What is the statute of limitations for filing a product liability claim in most states?

Accepted Answer

Varies by state, typically 2-4 years

Answer

There is no statute of limitations for product liability claims

Answer

5 years from the date of injury

Answer

1 year from the date of purchase

Question 48

Which of the following is an element of a product liability claim based on strict liability?

Accepted Answer

Defect in the product

Answer

Breach of warranty

Answer

Negligence of the manufacturer

Answer

Contributory negligence of the plaintiff

Question 49

A retailer may be held strictly liable for:

Accepted Answer

Selling a defective product that causes injuries

Answer

Selling a product that does not meet the consumer's expectations

Answer

Breaching an express warranty made to the consumer

Answer

Failing to warn consumers about potential hazards of the product

Question 50

Which of the following is a type of express warranty?

Accepted Answer

A statement on the product label that the product will perform as advertised

Answer

An implied warranty of fitness for a particular purpose

Answer

An implied warranty of merchantability

Question 51

In a product liability case based on negligence, the plaintiff must prove that:

Accepted Answer

The defendant owed the plaintiff a duty of care, breached that duty, and the breach caused the plaintiff's injuries

Answer

The defendant intended to cause the plaintiff's injuries

Answer

The plaintiff was not aware of the risks associated with using the product

Answer

The product was defective and unreasonably dangerous

Question 52

Which of the following is a key policy consideration in product liability law?

Accepted Answer

To protect consumers from unsafe products

Answer

To punish manufacturers for wrongdoing

Answer

To promote economic growth

Answer

To reduce the cost of insurance for manufacturers