50.
(p. 236)
Which of the following is the type of defect most likely involved when an individual glass
bottle of soda shatters in someone’s hand causing a cut, although most bottles do not shatter in
that manner?
51.
(p. 237)
Which of the following is true regarding a lawsuit brought by Alice’s parents against the
manufacturer for negligence?
52.
(p. 252)
Which of the following is true regarding a lawsuit brought by Alice’s parents against the
manufacturer for strict liability as the theory is applied under Section 402A of the Restatement?
53.
(p. 238)
Which of the following is true regarding warnings and the usage of products by children?
54.
(p. 238)
Which of the following is true regarding any assertion by Alice’s parents that a warning
should have been affixed to the product to warn adults as well as children?
55.
(p. 242–243)
What is the most likely result regarding the company’s position that it had no duty
to warn of the risk of dizziness because it complied with FDA requirements?
56.
(p. 243)
The defense that Belinda waited too long after the product was purchased in which to
sue is a defense based upon which of the following?
57.
(p. 243)
The defense that Belinda waited too long to bring suit from the time that she was injured
is a defense based upon which of the following?
58.
(p. 250)
Which of the following is true regarding the representation of the sales representative
that the boats at the dealership were the best in the state?
59.
(p. 250)
Without considering any statements made by either the salesperson or Sally regarding
uses for the boat, what type of warranty did the seller make by merely selling the boat?
60.
(p. 251)
What type of warranty, if any, did the salesperson make by selling the boat to Sally
knowing that she wanted it to be ocean-going?
61.
(p. 236)
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.
62.
(p. 237–238)
For his birthday, Paul’s family purchased for Paul, who tips the scales at over 250
pounds, an exercise bicycle from a popular sports retailer in his community. The first time that
Paul hopped on the bike, it collapsed, throwing him to the floor and severely bruising his ankle.
Paul wants to sue for his injuries. He has an expert in exercise equipment examine the bicycle.
The expert tells 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 Paul’s family threw that away along with the packaging; and Paul
never saw it. Is there any negligence theory under which Paul can recover? If so, what is it, and
what must Paul demonstrate to win?
63.
(p. 238–239)
Describe the two approaches taken by courts in negligent failure–to-warn cases
involving drugs and cosmetics causing adverse reactions in regard to consumers who would not
be considered sophisticated users.
64.
(p. 244)
In most states, what must a plaintiff prove to succeed in a strict-liability action alleging a
defective product?
65.
(p. 244)
What four considerations did the U.S. Supreme Court identify in the case of
Daubert
v.
Merrill Dow Pharmaceutical
for relevant and reliable expert opinions?
66.
(p. 251)
List the seven factors set forth in the text from the
Sperry-New Holland v. Prestage
case,
involving injuries caused by a combine, that a trial court may find helpful when balancing a
product’s utility against the risk the product creates.
67.
(p. 253)
Courts using the market share theory generally require that the plaintiff prove which of
the following?