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Product Liability Law: Failure to Warn

Description: Product Liability Law: Failure to Warn
Number of Questions: 15
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Tags: product liability law failure to warn negligence strict liability
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What is the primary legal theory used in failure to warn cases?

  1. Negligence

  2. Strict Liability

  3. Breach of Warranty

  4. Misrepresentation


Correct Option: B
Explanation:

In failure to warn cases, strict liability is often applied, holding manufacturers and sellers liable for injuries caused by their products, regardless of whether they were negligent.

What is the general rule regarding a manufacturer's duty to warn of product dangers?

  1. Manufacturers must warn of all potential dangers associated with their products.

  2. Manufacturers must warn of dangers that are known or should have been known.

  3. Manufacturers must warn of dangers that are obvious or should have been obvious to consumers.

  4. Manufacturers have no duty to warn of product dangers.


Correct Option: B
Explanation:

Manufacturers are generally required to warn of dangers that are known or should have been known to them, even if those dangers are not obvious or foreseeable to consumers.

What factors are considered in determining whether a manufacturer should have known about a product danger?

  1. The state of scientific and technical knowledge at the time the product was manufactured.

  2. The manufacturer's resources and capabilities for discovering the danger.

  3. The likelihood and severity of the harm that could result from the danger.

  4. All of the above.


Correct Option: D
Explanation:

Courts consider all of these factors in determining whether a manufacturer should have known about a product danger.

What is the difference between a warning and an instruction?

  1. Warnings alert consumers to potential dangers associated with a product, while instructions explain how to use the product safely.

  2. Warnings are typically more prominent and noticeable than instructions.

  3. Warnings are required by law, while instructions are not.

  4. Both A and B.


Correct Option: D
Explanation:

Warnings alert consumers to potential dangers, while instructions explain how to use the product safely. Warnings are typically more prominent and noticeable than instructions, and both are required by law in many cases.

What is the purpose of a warning label?

  1. To inform consumers of potential dangers associated with a product.

  2. To provide instructions on how to use the product safely.

  3. To absolve the manufacturer of liability in case of injury.

  4. None of the above.


Correct Option: A
Explanation:

The purpose of a warning label is to inform consumers of potential dangers associated with a product, so that they can take steps to protect themselves from harm.

What are some common defenses to a failure to warn claim?

  1. The danger was obvious or should have been obvious to the consumer.

  2. The consumer misused the product.

  3. The manufacturer provided adequate warnings.

  4. All of the above.


Correct Option: D
Explanation:

Common defenses to a failure to warn claim include: the danger was obvious or should have been obvious to the consumer, the consumer misused the product, and the manufacturer provided adequate warnings.

What is the statute of limitations for a failure to warn claim?

  1. It varies by state.

  2. It is typically two years from the date of injury.

  3. It is typically four years from the date of injury.

  4. It is typically six years from the date of injury.


Correct Option: A
Explanation:

The statute of limitations for a failure to warn claim varies by state, so it is important to check the laws in the state where the injury occurred.

What are some of the damages that can be recovered in a failure to warn case?

  1. Medical expenses

  2. Lost wages

  3. Pain and suffering

  4. All of the above


Correct Option: D
Explanation:

In a failure to warn case, plaintiffs can recover damages for medical expenses, lost wages, pain and suffering, and other damages as allowed by law.

What are some of the ways that manufacturers can avoid liability for failure to warn?

  1. Providing clear and conspicuous warnings.

  2. Testing products thoroughly.

  3. Conducting risk assessments.

  4. All of the above.


Correct Option:
Explanation:

Manufacturers can avoid liability for failure to warn by providing clear and conspicuous warnings, testing products thoroughly, conducting risk assessments, and taking other steps to ensure that their products are safe.

What is the Consumer Product Safety Commission (CPSC)?

  1. A federal agency responsible for protecting the public from unreasonable risks of injury or death associated with consumer products.

  2. A non-profit organization that advocates for consumer safety.

  3. A state agency responsible for regulating consumer products.

  4. None of the above.


Correct Option: A
Explanation:

The CPSC is a federal agency responsible for protecting the public from unreasonable risks of injury or death associated with consumer products.

What is the role of the CPSC in product liability cases?

  1. The CPSC can investigate product-related injuries and deaths.

  2. The CPSC can issue recalls of unsafe products.

  3. The CPSC can impose civil penalties on manufacturers and sellers of unsafe products.

  4. All of the above.


Correct Option: D
Explanation:

The CPSC can investigate product-related injuries and deaths, issue recalls of unsafe products, and impose civil penalties on manufacturers and sellers of unsafe products.

What is the Magnuson-Moss Warranty Act?

  1. A federal law that regulates warranties on consumer products.

  2. A state law that regulates warranties on consumer products.

  3. A non-profit organization that advocates for consumer rights.

  4. None of the above.


Correct Option: A
Explanation:

The Magnuson-Moss Warranty Act is a federal law that regulates warranties on consumer products.

What are the main provisions of the Magnuson-Moss Warranty Act?

  1. Manufacturers must provide consumers with a written warranty.

  2. Manufacturers must disclose the terms and conditions of the warranty in a clear and conspicuous manner.

  3. Manufacturers cannot disclaim or limit implied warranties.

  4. All of the above.


Correct Option: D
Explanation:

The main provisions of the Magnuson-Moss Warranty Act include: manufacturers must provide consumers with a written warranty, manufacturers must disclose the terms and conditions of the warranty in a clear and conspicuous manner, and manufacturers cannot disclaim or limit implied warranties.

What is the difference between an express warranty and an implied warranty?

  1. An express warranty is created by a written or oral statement made by the manufacturer or seller, while an implied warranty is created by law.

  2. An express warranty is typically more specific than an implied warranty.

  3. An express warranty can be disclaimed or limited, while an implied warranty cannot.

  4. Both A and B.


Correct Option: D
Explanation:

An express warranty is created by a written or oral statement made by the manufacturer or seller, while an implied warranty is created by law. An express warranty is typically more specific than an implied warranty, and an express warranty can be disclaimed or limited, while an implied warranty cannot.

What are some of the implied warranties that are typically included in the sale of a product?

  1. The warranty of merchantability.

  2. The warranty of fitness for a particular purpose.

  3. The warranty of title.

  4. All of the above.


Correct Option: D
Explanation:

Some of the implied warranties that are typically included in the sale of a product include: the warranty of merchantability, the warranty of fitness for a particular purpose, and the warranty of title.

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