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1.
(p. 236)
A product may be found defective if a manufacturer fails to provide adequate warnings
about potential dangers associated with the product.
2.
(p. 237)
No duty to warn exists for dangers arising from either unforeseeable misuses of the
product or from obvious dangers.
3.
(p. 241)
Japanese law fails to recognize fault of the part of the consumer in product liability cases,
and manufacturers must bear the full burden when a product is found to be defective.
4.
(p. 240)
In German product liability cases, consumers do not have a right to recover damages for
pain and suffering or for emotional distress.
5.
(p. 241)
The lack of a feasible way to make a safer product as a matter of law prevents liability
based upon an alleged defective product.
6.
(p. 243)
The statute of limitations is the same thing as the statute of repose.
7.
(p. 245)
In order to proceed in a products liability action, a plaintiff must establish to a certainty
that the product was not damaged after its purchase.
8.
(p. 248)
A bystander may not invoke the doctrine of strict-liability in a lawsuit.
9.
(p. 248)
The state-of-the-art defense is not available in all states in strict liability cases.
10.
(p. 253)
Under the market share theory, a plaintiff may be able to recover in a products liability
action even if the plaintiff cannot trace the harmful product to a particular manufacturer.
11.
(p. 237)
Which of the following was the result in
Radford v. Wells Fargo Bank
, the case in the text
in which the plaintiff sued claiming that a mortgage loan was a defective product?
12.
(p. 239)
Bob is a trained exterminator who received yearly instruction regarding precautions that
should be taken in relation to use of pesticides. After being told that he suffered allergies and
other ailments based on exposure to the pesticides, Bob sued the manufacturers of the
pesticides at issue based on a failure to warn theory. The defendants' best argument based on
Bob's prior training is the ______ defense.
13.
(p. 236)
Upon which type of law is product liability law primarily based?
14.
(p. 236)
Which of the following are commonly used theories of recovery in product liability cases?
15.
(p. 236)
Which of the following must a plaintiff generally show in order to recover in a product
liability lawsuit?
16.
(p. 236)
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?
17.
(p. 236)
When all products of a particular design are defective and dangerous, those products
have which of the following type of defects?
18.
(p. 237)
Which of the following was true prior to the landmark 1916 case of
MacPherson
v. Buick
Motor Company
?
19.
(p. 237)
Which of the following is a reference to being a party to a contract?
20.
(p. 237)
Following the case of
MacPherson
v. Buick Motor Company
, any ______ plaintiff can sue
a manufacturer for its breach of duty of care.
21.
(p. 237)
Which of the following may be sued in product liability actions?
22.
(p. 237)
Which of the following are considered foreseeable plaintiffs in product liability cases?
23.
(p. 238)
Which of the following do courts often consider in determining whether a manufacturer
was negligent in failing to warn?
24.
(p. 239)
As of the date of text publication, what was the status of the lawsuit
Pelman
v.
McDonald's
, the case in which the plaintiffs asserted that McDonald's engaged in a scheme of
deceptive advertising that in effect created the impression that McDonald's food products were
nutritionally beneficial and part of a healthy lifestyle?
25.
(p. 239)
Which of the following is true regarding the application of negligence per se in product
liability cases based on negligence?
26.
(p. 240)
Which of the following is true regarding damages that may be recovered in negligence-
based product liability cases if proven?
27.
(p. 240)
Which of the following is true regarding punitive damages in product liability cases?
28.
(p. 240)
Which of the following is true regarding defenses to negligence-based product liability
actions?
