Product Liability Law: Defenses

Description: This quiz is designed to assess your understanding of the various defenses available in product liability law.
Number of Questions: 15
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Which of the following is NOT a defense to a product liability claim?

  1. Assumption of risk

  2. Contributory negligence

  3. Misuse of product

  4. Unavoidable accident


Correct Option: D
Explanation:

Unavoidable accident is not a defense to a product liability claim because it does not address the issue of whether the product was defective.

What is the difference between assumption of risk and contributory negligence?

  1. Assumption of risk is a complete defense, while contributory negligence is a partial defense.

  2. Assumption of risk requires the plaintiff to have known of the specific risk that caused the injury, while contributory negligence does not.

  3. Assumption of risk is only available in cases involving inherently dangerous products, while contributory negligence is available in all cases.

  4. None of the above.


Correct Option: B
Explanation:

Assumption of risk requires the plaintiff to have known of the specific risk that caused the injury, while contributory negligence does not. Contributory negligence is a partial defense that reduces the amount of damages that the plaintiff can recover.

What is the misuse of product defense?

  1. A defense that the product was not used for its intended purpose.

  2. A defense that the product was not used in a reasonably foreseeable manner.

  3. A defense that the product was not used in a manner that was consistent with the instructions or warnings provided with the product.

  4. All of the above.


Correct Option: D
Explanation:

The misuse of product defense is a defense that the product was not used for its intended purpose, was not used in a reasonably foreseeable manner, or was not used in a manner that was consistent with the instructions or warnings provided with the product.

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

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

  2. An express warranty is only available for new products, while an implied warranty is available for both new and used products.

  3. An express warranty is always more specific than an implied warranty.

  4. None of the above.


Correct Option: A
Explanation:

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

What is the statute of limitations for a product liability claim?

  1. Two years from the date of injury.

  2. Four years from the date of injury.

  3. Six years from the date of injury.

  4. It varies from state to state.


Correct Option: D
Explanation:

The statute of limitations for a product liability claim varies from state to state. It is important to check the statute of limitations in the state where the injury occurred.

What is the burden of proof in a product liability case?

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

  2. The plaintiff must prove that the defect caused the injury.

  3. The plaintiff must prove that the manufacturer or seller was negligent.

  4. All of the above.


Correct Option: D
Explanation:

In a product liability case, the plaintiff must prove that the product was defective, that the defect caused the injury, and that the manufacturer or seller was negligent.

What are some of the common defenses to a breach of warranty claim?

  1. The product was not used for its intended purpose.

  2. The product was not used in a reasonably foreseeable manner.

  3. The product was not used in a manner that was consistent with the instructions or warnings provided with the product.

  4. All of the above.


Correct Option: D
Explanation:

The common defenses to a breach of warranty claim include that the product was not used for its intended purpose, was not used in a reasonably foreseeable manner, or was not used in a manner that was consistent with the instructions or warnings provided with the product.

What is the difference between a strict liability claim and a negligence claim?

  1. In a strict liability claim, the plaintiff does not need to prove that the manufacturer or seller was negligent.

  2. In a strict liability claim, the plaintiff only needs to prove that the product was defective and that the defect caused the injury.

  3. In a strict liability claim, the plaintiff does not need to prove that the product was used for its intended purpose.

  4. All of the above.


Correct Option: D
Explanation:

In a strict liability claim, the plaintiff does not need to prove that the manufacturer or seller was negligent, only that the product was defective and that the defect caused the injury. Additionally, the plaintiff does not need to prove that the product was used for its intended purpose.

What is the purpose of a product recall?

  1. To notify consumers of a potential safety hazard.

  2. To remove defective products from the market.

  3. To prevent further injuries or deaths.

  4. All of the above.


Correct Option: D
Explanation:

The purpose of a product recall is to notify consumers of a potential safety hazard, to remove defective products from the market, and to prevent further injuries or deaths.

What is the difference between a product recall and a product warning?

  1. A product recall is issued when a product is found to be defective, while a product warning is issued when a product is found to be potentially hazardous.

  2. A product recall is issued by the manufacturer, while a product warning is issued by the government.

  3. A product recall is more serious than a product warning.

  4. None of the above.


Correct Option: A
Explanation:

A product recall is issued when a product is found to be defective, while a product warning is issued when a product is found to be potentially hazardous. Product recalls are typically more serious than product warnings.

What are some of the common types of product defects?

  1. Design defects

  2. Manufacturing defects

  3. Marketing defects

  4. All of the above.


Correct Option: D
Explanation:

The common types of product defects include design defects, manufacturing defects, and marketing defects.

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

  1. A design defect is a defect in the product's design, while a manufacturing defect is a defect in the product's manufacture.

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

  3. A design defect can be corrected by a product recall, while a manufacturing defect can be corrected by a product repair.

  4. None of the above.


Correct Option: A
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 always more serious than manufacturing defects because they cannot be corrected by a product recall or repair.

What is a marketing defect?

  1. A defect in the product's labeling or instructions.

  2. A defect in the product's advertising or promotion.

  3. A defect in the product's packaging.

  4. All of the above.


Correct Option: D
Explanation:

A marketing defect is a defect in the product's labeling or instructions, advertising or promotion, or packaging.

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

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

  2. An express warranty is only available for new products, while an implied warranty is available for both new and used products.

  3. An express warranty is always more specific than an implied warranty.

  4. None of the above.


Correct Option: A
Explanation:

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

What is the statute of limitations for a breach of warranty claim?

  1. Two years from the date of purchase.

  2. Four years from the date of purchase.

  3. Six years from the date of purchase.

  4. It varies from state to state.


Correct Option: D
Explanation:

The statute of limitations for a breach of warranty claim varies from state to state. It is important to check the statute of limitations in the state where the product was purchased.

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