Products Liability: Definition, Elements, and Defenses

Question 1

Which of the following is NOT an element of a strict products liability claim?

Accepted Answer

Scienter

Answer

Defect

Answer

Causation

Answer

Damages

Question 2

A manufacturer's duty to warn consumers about potential hazards associated with its products:

Accepted Answer

Depends on the foreseeability of the hazard

Answer

Is absolute

Answer

Is limited to known hazards

Answer

Is only triggered if the consumer is aware of the hazard

Question 3

Negligence per se in the context of products liability refers to:

Accepted Answer

When the plaintiff can prove the defendant violated a safety regulation

Answer

When the defendant's conduct was reckless

Answer

When the plaintiff can prove the product was defective

Answer

When the defendant failed to warn of a potential hazard

Question 4

Which of the following is NOT a factor considered in determining the adequacy of a warning label?

Accepted Answer

The consumer's personal understanding of the warning

Answer

The size and prominence of the warning

Answer

The language used in the warning

Answer

The target audience of the product

Question 5

Which of the following is NOT an element of a products liability claim based on negligence?

Accepted Answer

Assumption of the risk by the plaintiff

Answer

Defectiveness of the product

Answer

Proximate cause

Answer

Damages suffered by the plaintiff

Question 6

Which of the following is the fundamental principle governing products liability in the United States?

Accepted Answer

Strict liability

Answer

Negligence

Answer

Breach of warranty

Answer

Negligent misrepresentation

Question 7

In a strict liability products liability action, the plaintiff is NOT required to demonstrate:

Accepted Answer

Negligence

Answer

Defectiveness

Answer

Proximate cause

Answer

Damages

Question 8

In a products liability case, which of the following is NOT a factor used to determine the start date for the statute of limitations?

Accepted Answer

Date of product discovery

Answer

Date of injury

Answer

Date of product purchase

Question 9

In a products liability case, which type of defect requires the plaintiff to demonstrate that the manufacturer was negligent in designing the product?

Accepted Answer

Design defect

Answer

Manufacturing defect

Answer

Warning defect

Question 10

Which of the following is outside the scope of the Consumer Product Safety Act?

Accepted Answer

Providing a private right of action for consumers injured by defective products

Answer

Protecting consumers from unsafe products

Answer

Establishing safety standards for consumer products

Answer

Providing for government enforcement of product safety standards

Question 11

Under the strict liability theory in products liability, the manufacturer's liability extends to:

Accepted Answer

Defects in the product, even if the manufacturer exercised reasonable care.

Answer

Injuries caused by misuse or alteration of the product by the plaintiff.

Answer

Only economic losses, such as lost profits or property damage.

Answer

Only injuries that occur within a specific time frame after the product was purchased.

Question 12

In a products liability case based on breach of implied warranty, the plaintiff must demonstrate that:

Accepted Answer

The product failed to meet reasonable expectations of safety and performance.

Answer

The seller made an express representation about the product's specific features.

Answer

The plaintiff relied solely on the seller's recommendation in purchasing the product.

Answer

The seller knew or should have known about the specific defect causing the plaintiff's injuries.

Question 13

The concept of "crashworthiness" in products liability law refers to the:

Accepted Answer

Product's ability to minimize injuries in the event of a collision or accident.

Answer

Durability of a product under normal use conditions.

Answer

Overall safety of a product for its intended purpose.

Answer

Ease of repairing or replacing a damaged product.

Question 14

According to the Uniform Commercial Code (UCC), the implied warranty of merchantability applies to:

Accepted Answer

Products that are fit for their ordinary purpose

Answer

New products only

Answer

Used products only

Answer

Products that are free from any and all defects

Question 15

In a strict liability products liability case, who must prove that the product was not defective?

Accepted Answer

The defendant

Answer

The plaintiff

Question 16

Which of the following is an essential element of a products liability claim?

Accepted Answer

Defect

Answer

Privity of contract

Answer

Negligence (if the claim is based on negligence)

Answer

Misrepresentation

Question 17

A product is considered defective if it:

Accepted Answer

Fails to perform as safely as a reasonable consumer would expect

Answer

Is not as aesthetically pleasing as advertised

Answer

Is unsafe only when misused

Answer

Has a minor imperfection

Question 18

What is the principle of strict liability in products liability?

Accepted Answer

Liability without fault for product defects

Answer

Liability only for foreseeable harm

Answer

Liability only for intentional acts

Answer

Liability only for negligent acts

Question 19

What is the purpose of a statute of repose in products liability cases?

Accepted Answer

To establish a time limit within which a lawsuit must be filed

Answer

To establish a rebuttable presumption of negligence

Answer

To prevent manufacturers from being sued for future harm

Question 20

What is the "risk-utility test" in products liability?

Accepted Answer

A test to balance the risks and benefits of a product to determine its defectiveness

Answer

A test to determine whether a product is defective based on the intent of the manufacturer

Question 21

What is the distinction between express and implied warranties in products liability?

Accepted Answer

Express warranties are created by specific statements or promises, while implied warranties are created by law

Answer

Express warranties are created by law, while implied warranties are created by specific statements or promises

Answer

Implied warranties are more specific than express warranties

Question 22

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

Accepted Answer

Strict liability

Answer

Proximate cause

Answer

Duty to warn

Answer

Breach of duty

Question 23

Under which theory of products liability can a manufacturer be held liable for injuries caused by a product even if it exercised reasonable care?

Accepted Answer

Strict liability

Answer

Res ipsa loquitur

Answer

Negligence

Answer

Breach of implied warranty of merchantability

Question 24

Which defense is available to a manufacturer in a product liability claim based on breach of express warranty?

Accepted Answer

Lack of privity

Answer

Assumption of risk

Answer

Statute of limitations

Question 25

Which federal agency is responsible for regulating product safety in the United States?

Accepted Answer

Consumer Product Safety Commission (CPSC)

Answer

Food and Drug Administration (FDA)

Answer

Federal Trade Commission (FTC)

Answer

Environmental Protection Agency (EPA)

Question 26

What is the primary objective of the Consumer Product Safety Act?

Accepted Answer

To protect consumers from unreasonable risks of injury or death associated with consumer products.

Answer

To regulate the advertising of consumer products.

Answer

To establish uniform product safety standards.

Question 27

Which of the following is a common defense to a product liability claim based on strict liability?

Accepted Answer

Assumption of risk

Answer

Contributory negligence

Answer

Statute of limitations

Answer

Lack of privity

Question 28

What is the fundamental distinction between an express warranty and an implied warranty in products liability?

Accepted Answer

An express warranty is explicitly created by the seller's promise, while an implied warranty is created by operation of law.

Answer

An express warranty is broader in scope than an implied warranty.

Question 29

According to the Restatement (Second) of Torts, product liability refers to:

Accepted Answer

A seller's legal responsibility for harm caused by a defective product

Answer

A manufacturer's obligation to inspect products before sale

Answer

A consumer's duty to use products safely

Question 30

Which of the following is NOT an essential element of a products liability claim?

Accepted Answer

Proximity of the plaintiff to the manufacturer

Answer

Causation of harm by the defect

Answer

Damages suffered by the plaintiff

Answer

Defect in the product

Question 31

In a negligence-based products liability lawsuit, the plaintiff must demonstrate that the:

Accepted Answer

Defendant failed to exercise reasonable care in designing, manufacturing, or distributing the product

Answer

Plaintiff assumed the risk of using the product

Answer

Product was inherently dangerous

Question 32

Which type of product defect arises from an error in the manufacturing process?

Accepted Answer

Manufacturing defect

Answer

Warning defect

Answer

Design defect

Answer

Instruction defect

Question 33

Under the Learned Intermediary Doctrine, drug manufacturers:

Accepted Answer

Are generally immune from liability for injuries resulting from prescription drugs when they provide adequate warnings to healthcare professionals

Answer

Assume strict liability for any adverse effects of their products

Question 34

Strict liability claims in product liability primarily focus on:

Accepted Answer

Establishing a defect in the product, irrespective of the manufacturer's conduct

Answer

Assessing the adequacy of product warnings

Answer

Demonstrating that the plaintiff misused the product

Answer

Proving that the manufacturer was negligent

Question 35

The Consumer Product Safety Commission (CPSC) plays a pivotal role in:

Accepted Answer

Enforcing safety regulations for consumer products

Answer

Adjudicating product liability lawsuits

Answer

Providing financial compensation to victims of defective products

Answer

Setting industry standards for product design

Question 36

In the context of product liability, which of the following is NOT considered a 'seller'?

Accepted Answer

A library lending out books

Answer

A manufacturer producing the products

Answer

A wholesaler distributing products to retailers

Answer

A retailer selling products to consumers

Question 37

In product liability litigation, the burden of proof lies with the:

Accepted Answer

Plaintiff

Answer

Defendant

Answer

Jury

Answer

Judge

Question 38

When evaluating the adequacy of a product warning, which of the following factors is irrelevant?

Accepted Answer

The plaintiff's level of education

Answer

The complexity and intended use of the product

Answer

The potential hazards associated with the product

Answer

The size and placement of the warning label

Question 39

A product manufacturer can be held strictly liable for injuries caused by a defective product, even if the manufacturer was unaware of the defect. This legal principle is known as what?

Accepted Answer

Strict Liability

Answer

Res Ipsa Loquitur

Answer

Negligence Per Se

Answer

Contributory Negligence

Question 40

In a product liability case based on negligence, which of the following is NOT an element that the plaintiff must prove?

Accepted Answer

The defendant's conduct was reckless or intentional

Answer

The plaintiff suffered damages as a result of the defendant's breach

Answer

The defendant's breach of duty was the actual and proximate cause of the plaintiff's damages

Answer

The defendant owed the plaintiff a duty of care

Question 41

A company manufactures a toy that is marketed as appropriate for children under 3 years old. However, the toy contains small parts that can be easily swallowed, posing a choking hazard. This is considered what type of product defect?

Accepted Answer

Design Defect

Answer

Marketing Defect

Answer

Warning Defect

Answer

Manufacturing Defect

Question 42

A manufacturer of a lawnmower fails to include adequate warnings about the dangers of using the lawnmower without safety goggles. A user suffers an eye injury because of this. This is an example of what type of product liability claim?

Accepted Answer

Failure to Warn

Answer

Breach of Warranty

Answer

Manufacturing Defect

Answer

Design Defect

Question 43

A consumer purchases a new car and discovers that the brakes are defective. The consumer files a claim against the manufacturer alleging breach of implied warranty of merchantability. What must the consumer prove?

Accepted Answer

The car is not fit for its intended or ordinary purpose

Answer

The manufacturer intentionally or recklessly deceived the consumer

Answer

The consumer was injured by the defective brakes

Answer

The defect in the brakes was latent and not discoverable by the consumer

Question 44

A consumer buys a product and uses it in a way that is not intended by the manufacturer, resulting in injury. Which defense might be used successfully by the manufacturer in a product liability lawsuit?

Accepted Answer

Misuse of Product

Answer

Learned Intermediary Doctrine

Answer

Statute of Repose

Answer

Government Contractor Defense

Question 45

A manufacturer is not liable for injuries caused by a product if the product has been materially altered after leaving the manufacturer's control. This defense is known as:

Accepted Answer

Substantial Alteration

Answer

Contributory Negligence

Answer

Open and Obvious Danger

Answer

State of the Art

Question 46

A manufacturer releases a product that complies with all industry standards and regulations at the time of its manufacture. However, years later, the product is found to be defective. Which defense might the manufacturer use?

Accepted Answer

State of the Art

Answer

Contributory Negligence

Answer

Assumption of Risk

Answer

Open and Obvious Danger

Question 47

Which of the following is an essential element of a products liability claim under the Restatement (Second) of Torts?

Accepted Answer

The product was defective when it left the seller's hands

Answer

The manufacturer knew or should have known about the defect

Answer

The consumer was aware of the defect and its associated risks

Question 48

In a strict liability case, a plaintiff must prove that the:

Accepted Answer

Product was defective

Answer

Defendant intended to cause harm

Answer

Defendant was negligent

Answer

Product complied with industry standards

Question 49

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

Accepted Answer

To inform consumers of potential risks and hazards

Answer

To increase the product's appeal to consumers

Answer

To absolve the manufacturer of liability

Answer

To guarantee the safety of the product

Question 50

Who is liable for a design defect in a product?

Accepted Answer

The manufacturer

Answer

The retailer

Answer

The consumer

Answer

The distributor

Question 51

What is the statute of limitations for products liability claims in most states?

Accepted Answer

Varies depending on the state

Answer

10 years

Answer

5 years

Answer

1 year

Question 52

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

Accepted Answer

Intentional

Answer

Failure to warn

Answer

Design

Answer

Manufacturing

Question 53

What is the doctrine of res ipsa loquitur?

Accepted Answer

A presumption of negligence that arises from the circumstances of an accident

Answer

A defense to products liability claims

Answer

A guarantee of product safety

Question 54

What is the purpose of punitive damages in products liability cases?

Accepted Answer

To punish the defendant and deter similar conduct in the future

Answer

To compensate the plaintiff for their injuries

Answer

To provide a windfall for the plaintiff's attorney