#1
Which of the following is not a defense in product liability cases?
Strict liability
ExplanationAutomated liability regardless of fault or foreseeability.
#2
What is the purpose of the 'statute of limitations' defense in product liability cases?
To limit the time within which a lawsuit can be filed after the discovery of an injury
ExplanationTemporal restriction on lawsuit initiation after injury discovery.
#3
What is the 'state-of-the-art' defense in product liability cases?
The product met technological standards at the time of manufacture
ExplanationProduct conformity to technological standards at production.
#4
Which defense in product liability cases involves proving that the product was used for a purpose other than its intended use?
Product misuse
ExplanationProduct utilization outside intended scope.
#5
What is the 'substantial alteration' defense in product liability cases?
The product was altered after leaving the manufacturer's control
ExplanationProduct modification post-manufacturer control.
#6
In product liability cases, what does 'assumption of risk' refer to?
The consumer's knowledge and acceptance of potential product dangers
ExplanationConsumer awareness and acceptance of potential hazards.
#7
Which defense in product liability cases involves proving that the consumer's own actions led to their injury?
Comparative negligence
ExplanationComparing the plaintiff's actions to the defendant's fault.
#8
What does the 'learned intermediary doctrine' state in product liability cases?
Manufacturers are only required to warn healthcare providers who then inform consumers about product risks
ExplanationManufacturer responsibility limited to warning healthcare providers.
#9
Which defense in product liability cases claims that the product was used in a manner that was unforeseeable by the manufacturer?
Product misuse
ExplanationProduct application in an unanticipated manner.
#10
What is the 'bulk supplier' defense in product liability cases?
Manufacturers can shift liability to suppliers when selling products in large quantities
ExplanationManufacturer ability to transfer liability in bulk sales.
#11
Which defense in product liability cases asserts that the product was safe when it left the manufacturer's control?
Strict liability
ExplanationAutomatic liability for product safety upon leaving manufacturer.
#12
Which defense in product liability cases involves proving that the plaintiff assumed the risk of injury associated with the product?
Assumption of risk
ExplanationPlaintiff acceptance of injury risk associated with product.
#13
What is the 'component parts doctrine' in product liability cases?
Manufacturers are not liable for defects in component parts supplied by third parties
ExplanationManufacturer exemption for third-party component defects.
#14
What is the 'sophisticated user' defense in product liability cases?
Consumers are responsible for knowing about product risks due to their expertise
ExplanationConsumer expertise assumption of product risks.
#15
In product liability cases, what does 'strict liability' mean?
The defendant is automatically liable for any product defects
ExplanationAutomatic defendant liability for product defects.
#16
What does the 'state-of-the-art' defense argue in product liability cases?
That the product met all current technological standards at the time of production
ExplanationProduct conformance with prevailing technological norms during production.
#17
Which defense in product liability cases involves proving that the plaintiff's actions were the sole cause of their injury?
Superseding cause
ExplanationAn intervening action as the sole cause of the injury.
#18
Which defense in product liability cases involves proving that the product was altered or modified after leaving the manufacturer's control?
Substantial alteration
ExplanationProduct modification post-manufacturer.
#19
In product liability cases, what does the 'sophisticated user' defense assert?
The defendant provided adequate warnings to knowledgeable users of the product
ExplanationAdequate warning provision to knowledgeable users.
#20
Which defense in product liability cases involves proving that the plaintiff knew about the product risks but still used it?
Assumption of risk
ExplanationPlaintiff acknowledgment of product risks prior to usage.
#21
What does the 'crashworthiness doctrine' address in product liability cases?
The safety of a product in the event of an accident
ExplanationProduct safety during accident scenarios.
#22
What is the 'learned intermediary' in product liability cases?
The healthcare provider
ExplanationHealthcare provider as intermediary for product warnings.
#23
Which defense in product liability cases involves proving that the plaintiff's own negligence contributed to their injury?
Comparative negligence
ExplanationAssessing plaintiff negligence versus defendant fault.
#24
Which defense in product liability cases involves proving that the plaintiff's conduct was the primary cause of their injury?
Superseding cause
ExplanationThird-party action as primary injury cause.
#25
What is the 'failure to warn' defense in product liability cases?
The manufacturer failed to provide adequate instructions
ExplanationManufacturer inadequacy in providing warnings/instructions.