Tort strict liability questions

Question # 00529539 Posted By: yasser Updated on: 05/18/2017 02:20 AM Due on: 05/19/2017
Subject Law Topic General Law Tutorials:
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1.

Your Choice: blank

Which of the following are rationales for strict products liability?

A Consumer expectations.
B Enterprise liability/loss spreading.
C Res ipsa loquitur.
D Both A and B are rationales for strict products liability.

2.

Your Choice: blank

Economic harm standing alone from a defective product is recoverable under which of the following legal theories?

A Strict liability.
B Contract/warranty.
C Negligence
D None of the above.

3.

Your Choice: blank

Which case in the assigned reading for Module 24 held that circumstantial evidence, which is the crux of the res ipsa loquitur doctrine, is applicable in both negligence and strict liability actions?

A Tietsworth v. Harley-Davidson, Inc., 677 N.W.2d 233 (Wis. 2004).
B Lee v. Crookston Coca-Cola Bottling Co., 188 N.W.2d 426 (Minn. 1971).
C Moorman Mfg. Co. v. National Tank Co., 435 N.E.2d 443 (Ill. 1982).
D Greenman v. Yuba Power Products, Inc. 377 P.2d 897 (Cal. 1963).

4.

Your Choice: blank

Which of the following product defects exist when a product departs from the manufacturer’s intended design and specifications?

A Design defect.
B Manufacturing defect.
C Warning defect.
D Informational defect.

5.

Your Choice: blank

What was the basis for the court’s rejection of a college student’s claim that the elevated bed from which he fell was defective in Mathews v. University Loft Co., 903 A.2d 1120 (N.J. App. 2006)?

A Res ipsa loquitur.
B The doctrine of economic harm.
C The obvious danger rule.
D The doctrine of avoidable consequence.

6.

Your Choice: blank

The learned intermediary rule provides that in cases of prescription drugs, the manufacturer satisfies its duty to warn by providing an adequate warning to

A the pharmacy.
B the patient/consumer.
C the prescribing physician/healthcare professional.
D all of the parties listed above.

7.

Your Choice: blank

Which case in the assigned reading for Module 24 held that the fact that a baking dish “exploded” when plaintiff removed it from the oven was not sufficient proof a defect that existed when the product left the manufacturer’s control because the explosion could have occurred due to subsequent damage to the dish after purchase?

A Jakubowski v. Minnesota Mining & Mfg., 199 A.2d 826 (N.J. 1964).
B Cooper Tire & Rubber Co. v. Mendez, 204 S.W.3d 797 (Tex. 2006).
C Potter v. Chicago Pneumatic Tool Co., 694 A.2d 1319 (Conn. 1997).
D Kerr v. Corning Glass Works, 169 N.W.2d 587 (Minn. 2969).

8.

Your Choice: blank

In Mexicali Rose v. Superior Court, 822 P.2d 1292 (Cal. 1992), the court held that a plaintiff who swallowed a chicken bone contained in an enchilada may bring a claim based upon which of the following legal theories?

A Strict liability.
B Warranty.
C Negligence.
D All of the above legal theories.

9.

Your Choice: blank

Which case in the assigned reading for Module 24 held that a product contains a defective design if either 1) it is more dangerous than an ordinary consumer would expect when used in the intended or reasonably foreseeable manner, or 2) the benefits of the design do not outweigh the inherent risks?

A Jackson v. Nestle-Beich, Inc. 589 N.E.2d 547 (Ill. 1992).
B Honda of America Mfg., Inc. v. Norman 104 S.W.3d (Tex App. 2003).
C Knitz v. Minster Machine Co. 432 N.E.2d 814 (Ohio 1982).
D None of the above.

10.

Your Choice: blank

Under which of the following tests do most courts place the burden of proof on the plaintiff to show that a reasonable alternative design for the product exists?

A Consumer expectations test.
B Risk-Utility test.
C Both the consumer expectations and risk-utility tests.
D None of the above.

11.

Your Choice: blank

Which case in the assigned reading for Module 24 held that there is no strict liability cause of action for an unreasonably dangerous per se product?

A Slisze v. Stanley-Bostitch, 979 P.2d 317 (Utah 1999).
B Rose v. Brown & Williamson Tobacco Corp., 855 N.Y.S.2d 119 (App. Div. 2008).
C Delaney v. Deere & Co., 999 P.2d 930 (Kan. 2000).
D McCarthy v. Olin Corp., 119 F.3d 148 (2d Cir. 1997).

12.

Your Choice: blank

Which provision of the Restatement Second provides qualified immunity from design defect claims for drugs and medical products on the grounds that those products are “quite incapable of being made safe in their intended and ordinary use?”

A Section 402A, comment J.
B Section 402A, comment k.
C Section 402A, comment g.
D None of the above.

13.

Your Choice: blank

A 12 year case study of products liability claims in Franklin County, Ohio revealed which of the following findings?

A Products liability claims amounted for more than 50% of all civil jury verdicts over the 12 year period.
B One-third of all plaintiffs in products liability actions were awarded punitive damages.
C Plaintiffs prevailed in only one of five cases.
D Two-thirds of plaintiff’s verdicts were over $500,000.

14.

Your Choice: blank

In Liriano v. Hobart Corp., 170 F.3d 264 (2d Cir. 1999) in the assigned reading for Module 24 the plaintiff brought suit for personal injuries caused when his hand was caught in a meat grinder for which the safety guard had been removed. Which of the following best states the holding of the court on the duty to warn claim?

A The defendant had no duty to warn since the dangers of a grinding machine are obvious.
B The danger of a grinding machine is not obvious, so defendant had a duty to warn.
C Even if the danger of a grinding machine is obvious, the manufacturer still has a duty to warn that the risk can be reduced with safety guards, that such guards are available, and that grinders should only be used with guards.
D None of the above.

15.

Your Choice: blank

What doctrine helps a plaintiff establish causation in a failure to warn products liability case?

A Negligence per se.
B Res Ipsa Loquitur.
C Heeding of warning presumption.
D Obvious danger rule.

16.

Your Choice: blank

Which case in the assigned reading for Module 24 held that if a drug manufacturer advertises its prescription drugs directly to consumers, then the manufacturer cannot rely upon the learned intermediary rule as a defense to a failure to warn claim?

A Larkin v. Pfizer, Inc., 153 S.W.3d 758 (Ky. 2004).
B Christopher v. Cutter Labs, 53 F.3d 1184 (11th Cir. 1995).
C Perez v. Wyeth Laboratories, Inc., 734 A.2d 1245 (N.J. 1999).
D In re Norplant Contraceptive Prods. Liab. Litig., 165 F.3d 374 (5th Cir. 1999).

17.

Your Choice: blank

Which case in the assigned reading in Module 24 held that if there is no defect in a product at the time of manufacture, then there is no continuing duty to warn, repair, or recall even if post-manufacture evidence shows that safety devices later became available and were mandated by the regulating administrative agency?

A Johnson v. American Standard, Inc., 179 P.3d 905 (Cal. 2008).
B Ritchie v. Glidden Co., 242 F.3d 713 (7th Cir. 2001).
C Land v. Yamaha Motor Corp., 272 F.3d 514 (7th Cir. 2001).
D Gregory v. Cincinnati, Inc., 538 N.W.2d 325 (Mich. 1995).

18.

Your Choice: blank

With respect to defenses to strict products liability, most modern courts permit which of the following defenses?

A Only misuse of the product.
B Only assumption of the risk.
C Only misuse of the product and assumption of the risk.
D Only misuse of the product, assumption of the risk, and contributory negligence.

19.

Your Choice: blank

Which of the following is correct regarding the admissibility of subsequent remedial efforts in product liability actions brought in federal courts applying Federal Rule of Evidence 407?

A Evidence of subsequent remedial efforts taken after the harm causing event is admissible in design defect cases.
B Evidence of subsequent remedial efforts taken after the harm causing event is admissible in warning defect cases.
C Evidence of subsequent remedial efforts taken after the harm causing event is admissible in all strict products liability claims.
D Evidence of subsequent remedial efforts taken after the harm causing event is inadmissible.

20.

Your Choice: blank

What governing standard for admissibility of scientific evidence in federal courts did the U.S. Supreme Court state in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)?

A The expert’s opinion must be generally accepted within the relevant scientific community.
B The expert’s opinion must have been subjected to peer review in a minimum of 3 nationally accepted peer reviewed journals.
C The expert’s opinion must be deemed helpful to the jury, and be derived by the scientific method.
D The expert’s opinion must have a known potential error rate of less than 10%.
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  1. Tutorial # 00526623 Posted By: neil2103 Posted on: 05/18/2017 02:26 AM
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