FYLSX - Baby Bar Strict and Products Liability Questions and Answers

Question 1

A demolition company is hired to raze a building in a dense urban area using dynamite.
The company meticulously follows all industry safety standards and regulations, exceeding the required precautions.
However, the concussion from a blast, which was within expected limits for the amount of dynamite used, shatters the windows of an adjacent office building.
The office building owner sues the demolition company for the cost of the repairs.
What is the most likely outcome?

Accepted Answer

The company is strictly liable because blasting is an abnormally dangerous activity.

Answer

The company is not liable because it exercised a high degree of care.

Answer

The company is liable only if the owner can prove a specific act of negligence.

Answer

The company is not liable because property damage from concussions is not a foreseeable harm of blasting.

Question 2

A consumer purchases a new electric kettle from a major retail store. The first time he uses it, a single faulty wire that was improperly connected during assembly at the factory causes the kettle to short-circuit and start a fire. An investigation reveals that the kettle's overall design is safe and that this particular unit was the only one in its batch with the wiring error. What is the strongest claim the consumer can bring against the manufacturer?

Accepted Answer

Strict products liability based on a manufacturing defect.

Answer

Strict products liability based on a design defect.

Answer

Negligence based on the doctrine of res ipsa loquitur.

Answer

Breach of the implied warranty of fitness for a particular purpose.

Question 3

A new model of a children's toy car is designed with a type of paint that contains a chemical that can cause a severe skin rash in a small percentage of children after prolonged contact. The manufacturer was unaware of this specific chemical property. A child who played with the toy develops the rash. Evidence presented at trial shows that a readily available and cost-effective alternative paint without the chemical could have been used without altering the toy's appearance or function. Which theory of products liability is most likely to succeed for the child's parents?

Accepted Answer

Design Defect

Answer

Manufacturing Defect

Answer

Failure to Warn

Answer

Breach of Express Warranty

Question 4

A pharmaceutical company markets a powerful prescription drug. While the drug is effective, the company discovers through post-market studies that it can cause a rare but serious kidney problem in patients with a specific pre-existing condition. This risk is not obvious and was not known when the drug was first released. The company fails to update its packaging or issue a warning to doctors about this newly discovered side effect. A patient with the specific pre-existing condition is prescribed the drug and suffers kidney failure. What is the patient's strongest claim against the company?

Accepted Answer

Strict liability for a failure to warn.

Answer

Strict liability for a design defect.

Answer

Negligence per se for violating FDA regulations.

Answer

Strict liability for an abnormally dangerous activity.

Question 5

A consumer is injured by a dangerously defective power tool. She purchased the tool from a local hardware store, which had acquired it from a regional distributor. The distributor, in turn, had bought it from the national manufacturer. If the consumer brings a successful strict products liability claim, from which of the following parties in the chain of distribution can she potentially recover the full amount of her damages?

Accepted Answer

The manufacturer, the distributor, and the hardware store.

Answer

Only the manufacturer that created the defect.

Answer

Only the hardware store from which she purchased the tool.

Answer

The manufacturer and the distributor, but not the hardware store.

Question 6

A man buys a new lawnmower. The mower has a clearly visible warning label next to the discharge chute that reads: 'DANGER: Do not place hands or feet near chute while engine is running. Always turn off engine before clearing clogs.' The man reads and understands the warning. One day, the chute becomes clogged with wet grass. Impatient, the man leaves the engine running and attempts to clear the clog with his hand, suffering a severe injury. In a strict products liability suit against the manufacturer, which of the following is the manufacturer's strongest defense?

Accepted Answer

Assumption of the risk.

Answer

Contributory negligence.

Answer

Lack of privity of contract.

Answer

The product was not in a defective condition.