BUL 3130 - Test 2 - Dr. Elzweig || Already Passed.
Strict Liability correct answers -Theory of -- -- started in the 1860s, but has greatly been
expanded
-Defendant's liability for -- -- is without regard to: Fault, Foreseeability, Standard of Care, or
Causation
-BASED ON ABNORMALLY DANGEROUS ACTIVITIES IS ONE APPLICATION;
ULTRA-DANGEROUS ACTIVITIES; WILD ANIMALS; PRODUCT LIABILITY
liable correct answers Owners keeping WILD animals are strictly -- for injuries
liable correct answers Persons who keep DOMESTIC animals are -- IF the owner knew or
should have known that animal was dangerous
Ultrahazardous or Abnormally Dangerous correct answers STRICT LIABILITY:
Activities that involve serious potential harm, a high degree of risk that cannot be made safe, and
are not commonly performed in the community or area
Product Liability correct answers Manufacturers and sellers can be strictly liable because they
can bear the cost by spreading throughout the manufacturing and distribution chain
Negligence, Misrepresentation, Strict Liability, Warranty Theory correct answers Product
Liability can be based on 4 different things
Negligence correct answers Claim based on a manufacturer's breach of the reasonable standard
of care
Due Care correct answers -- -- must be exercised in design, materials, production process,
assembling and testing, adequate warnings, inspection, and testing
Strict Product Liability correct answers A MANUFACTURER, DISTRIBUTOR, or SELLER of
goods will be strictly liable, regardless of intent or negligence, for any personal injury or
property damage to consumers, users, and by-standers caused by the goods it manufacturers,
distributes, or sells
Commonly known danger, Knowledgeable user, and Product misuse correct answers 3 defenses
to Strict Liability
Strict Liability correct answers Requirements for -- --:
1) Product must be in defective condition when sold
2) Defendant is in the business of selling the product
3) Product must be unreasonably dangerous
4) Plaintiff must be physically harmed
5) Defective condition must be proximate cause of injury
6) Goods are in substantially same condition
, Unreasonably Dangerous correct answers One of the requirements for strict liability:
-The product was dangerous beyond the expectation of the ordinary consumer, or
-A less dangerous alternative was economically feasible for the manufacturer, but the
manufacturer failed to produce it
Manufacturing Defects, Design Defects, Warning Defects correct answers For Strict Product
Liability: List the 3 Product Defects; CAN CONSTITUTE A DEFECTIVE PRODUCT
Manufacturing Defects correct answers One of the product defects that occurs when a product
"departs from its intended design even though all possible care was exercised in the preparation
and marketing of the product"
Design Defects correct answers One of the product defects that occurs when the product is
manufactured correctly
-Test: plaintiff must show defendant's failure to use a REASONABLE ALTERNATIVE
DESIGN rendered the product not reasonable safe
Inadequate Warnings - Content of Warnings correct answers -One of the product defects when
the product is defective based on inadequate warnings or instructions
-Liability based on foreseeability that proper instructions/labels would have made the product
safe to use, Obvious Risks, Foreseeable Misuses
Market-Share Liability correct answers -Liability when multiple defendants contributed to
manufacture of same defective product
-Each defendant is proportionately liable based on its market share
-MAY BE USED AGAINST MANUFACTURERS, SELLERS, DISTRIBUTOR, ETC
(ANYONE INVOLVED IN PRODUCING/SELLING PRODUCT)
Preemption correct answers Defenses to Product Liability: Government regulations preempt
claims for product liability
Assumption of Risk (some courts do NOT allow AR to be used in strict product liability claims),
Product Misuse, Commonly Known Dangers (e.g., matches, sharp, knives), Knowledgeable User
(e.g., electricians), and Statutes of Limitation (e.g. bring suit within 2 years of the discovery) and
Repose (e.g. bring suit within 10 years of purchase or manufacture) correct answers 5 Defenses
to Product Liability
Intellectual Property correct answers -Property resulting from intellectual, creative processes-the
products of an individual's mind
-Laws protecting patents, trademarks, and copyrights are designed explicitly to protect, nurture,
reward inventive and artistic creativity
-The owner of this typically will be paid a royalty on all sales of goods manufactured or sold
pursuant to the license
Licensing correct answers The property owner may grant exclusive or non-exclusive licenses to
others to enable them to make, use, or sell the intellectual property
