0

Product Liability Law: Alteration of Products

Description: This quiz covers the topic of product liability law as it relates to the alteration of products.
Number of Questions: 14
Created by:
Tags: product liability alteration of products
Attempted 0/14 Correct 0 Score 0

What is the general rule regarding liability for injuries caused by an altered product?

  1. The manufacturer is always liable.

  2. The seller is always liable.

  3. The person who altered the product is always liable.

  4. Liability depends on the circumstances of the case.


Correct Option: D
Explanation:

The general rule is that liability for injuries caused by an altered product depends on the circumstances of the case. Factors that may be considered include who altered the product, why the product was altered, and whether the alteration was foreseeable.

What is the manufacturer's duty to warn about the dangers of altering a product?

  1. The manufacturer has no duty to warn about the dangers of altering a product.

  2. The manufacturer has a duty to warn about the dangers of altering a product only if the alteration is foreseeable.

  3. The manufacturer has a duty to warn about the dangers of altering a product even if the alteration is not foreseeable.

  4. The manufacturer has a duty to warn about the dangers of altering a product only if the alteration is done by a consumer.


Correct Option: B
Explanation:

The manufacturer has a duty to warn about the dangers of altering a product only if the alteration is foreseeable. This means that the manufacturer must be able to foresee that someone might alter the product in a way that could cause injury.

What is the seller's duty to warn about the dangers of altering a product?

  1. The seller has no duty to warn about the dangers of altering a product.

  2. The seller has a duty to warn about the dangers of altering a product only if the alteration is foreseeable.

  3. The seller has a duty to warn about the dangers of altering a product even if the alteration is not foreseeable.

  4. The seller has a duty to warn about the dangers of altering a product only if the alteration is done by a consumer.


Correct Option: B
Explanation:

The seller has a duty to warn about the dangers of altering a product only if the alteration is foreseeable. This means that the seller must be able to foresee that someone might alter the product in a way that could cause injury.

What is the consumer's duty to avoid altering a product?

  1. The consumer has no duty to avoid altering a product.

  2. The consumer has a duty to avoid altering a product only if the alteration is foreseeable.

  3. The consumer has a duty to avoid altering a product even if the alteration is not foreseeable.

  4. The consumer has a duty to avoid altering a product only if the alteration is done by a manufacturer or seller.


Correct Option: C
Explanation:

The consumer has a duty to avoid altering a product even if the alteration is not foreseeable. This means that the consumer should not alter a product in any way that could potentially cause injury, even if they do not know that the alteration could be dangerous.

What are some defenses that a manufacturer or seller may raise in a product liability lawsuit involving an altered product?

  1. The alteration was not foreseeable.

  2. The alteration was done by a third party.

  3. The consumer was aware of the dangers of the alteration.

  4. All of the above.


Correct Option: D
Explanation:

A manufacturer or seller may raise a number of defenses in a product liability lawsuit involving an altered product, including: (1) the alteration was not foreseeable, (2) the alteration was done by a third party, and (3) the consumer was aware of the dangers of the alteration.

What is the statute of limitations for a product liability lawsuit involving an altered product?

  1. The statute of limitations is the same as for any other product liability lawsuit.

  2. The statute of limitations is shorter for a product liability lawsuit involving an altered product.

  3. The statute of limitations is longer for a product liability lawsuit involving an altered product.

  4. The statute of limitations varies depending on the jurisdiction.


Correct Option: D
Explanation:

The statute of limitations for a product liability lawsuit involving an altered product varies depending on the jurisdiction. In some jurisdictions, the statute of limitations is the same as for any other product liability lawsuit. In other jurisdictions, the statute of limitations is shorter or longer for a product liability lawsuit involving an altered product.

What are some of the damages that a plaintiff may recover in a product liability lawsuit involving an altered product?

  1. Medical expenses.

  2. Lost wages.

  3. Pain and suffering.

  4. All of the above.


Correct Option: D
Explanation:

A plaintiff may recover a variety of damages in a product liability lawsuit involving an altered product, including medical expenses, lost wages, and pain and suffering.

What is the burden of proof in a product liability lawsuit involving an altered product?

  1. The plaintiff must prove that the product was defective.

  2. The defendant must prove that the product was not defective.

  3. The plaintiff must prove that the alteration caused the injury.

  4. The defendant must prove that the alteration did not cause the injury.


Correct Option:
Explanation:

In a product liability lawsuit involving an altered product, the plaintiff must prove that the product was defective and that the alteration caused the injury. The defendant may then raise defenses, such as the alteration was not foreseeable or the consumer was aware of the dangers of the alteration.

What are some of the factors that a court may consider in determining whether a product is defective?

  1. The intended use of the product.

  2. The foreseeable uses of the product.

  3. The safety standards applicable to the product.

  4. All of the above.


Correct Option: D
Explanation:

A court may consider a number of factors in determining whether a product is defective, including the intended use of the product, the foreseeable uses of the product, and the safety standards applicable to the product.

What is the difference between a design defect and a manufacturing defect?

  1. A design defect is a defect in the product's design.

  2. A manufacturing defect is a defect in the product's manufacture.

  3. A design defect is always more serious than a manufacturing defect.

  4. A manufacturing defect is always more serious than a design defect.


Correct Option:
Explanation:

A design defect is a defect in the product's design, while a manufacturing defect is a defect in the product's manufacture. Design defects are typically more serious than manufacturing defects, as they can affect all units of a product, while manufacturing defects typically affect only a few units.

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

  1. An express warranty is a written warranty.

  2. An implied warranty is a written warranty.

  3. An express warranty is a warranty that is made orally.

  4. An implied warranty is a warranty that is made orally.


Correct Option:
Explanation:

An express warranty is a written warranty, while an implied warranty is a warranty that is created by law. Implied warranties include the warranty of merchantability and the warranty of fitness for a particular purpose.

What is the Magnuson-Moss Warranty Act?

  1. A federal law that regulates product warranties.

  2. A state law that regulates product warranties.

  3. A law that regulates the sale of products.

  4. A law that regulates the manufacture of products.


Correct Option: A
Explanation:

The Magnuson-Moss Warranty Act is a federal law that regulates product warranties. The Act requires manufacturers and sellers to provide consumers with written warranties for certain products. The Act also prohibits manufacturers and sellers from making false or misleading statements about warranties.

What is the Consumer Product Safety Act?

  1. A federal law that regulates the safety of consumer products.

  2. A state law that regulates the safety of consumer products.

  3. A law that regulates the sale of consumer products.

  4. A law that regulates the manufacture of consumer products.


Correct Option: A
Explanation:

The Consumer Product Safety Act is a federal law that regulates the safety of consumer products. The Act requires manufacturers and sellers to report any defects in consumer products to the Consumer Product Safety Commission. The Act also gives the Commission the authority to ban or recall unsafe products.

What is the role of the Consumer Product Safety Commission?

  1. To regulate the safety of consumer products.

  2. To investigate product defects.

  3. To recall unsafe products.

  4. All of the above.


Correct Option: D
Explanation:

The Consumer Product Safety Commission is responsible for regulating the safety of consumer products. The Commission investigates product defects, recalls unsafe products, and sets safety standards for consumer products.

- Hide questions