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Exam 12: Product Liability

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Question 1

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Plaintiffs in negligence cases typically have a hard time recovering for pure economic loss.

A) True
B) False

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Question 2

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Under the "sealed container" doctrine, retailers are relieved of liability if they sell a product in a sealed container.

A) True
B) False

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Question 3

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One of the most common of the so-called cases centers around the production of crashworthy vehicles. Two other types of design defects are and .

The key issue in a design defect case based on strict liability is the reasonableness of the manufacturer.

How might the defective warning theory be used in relationship to a drug that is determined to have potentially harmful side effects?

The Supreme Court's rulings in Cipollone greatly clarified the preemption doctrine.

The courts have generally found that automobile manufacturers are legally obligated to design "crashworthy" vehicles.

The courts clearly distinguish between economic loss and property damage.

A key inquiry in a strict liability case is determining whether a product is in a defective condition and unreasonably dangerous.

Under preemption, Congress explicitly states the extent to which its enactments preempt state law.

How was the market share liability theory used in Sindell v. Abbott Laboratories?

What two defenses in addition to contributory negligence and assumption of risk can be raised in warranty cases?

A state common law tort action cannot be brought if a federal statute expressly or impliedly such an action.

Some feel that strict liability hampers manufacturers in their efforts to meet consumer needs.

Today, airbag cases are fairly straightforward and easy to litigate.

Fortunately for plaintiffs in airbag cases, they never have to show that the absence of an airbag enhanced their injuries.

Why is it important to distinguish between property damage and economic loss?

Privity requirements are inapplicable in cases involving breach of implied warranties.

What is a state-of-the-art defense?

Under federal law, manufacturers who provide written warranties are precluded from disclaiming any implied warranties.