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Product Liability Law: Comparative Negligence

Description: This quiz covers the concept of comparative negligence in product liability law. It explores the scenarios where a plaintiff's own negligence contributes to an injury caused by a defective product, and how this affects their ability to recover damages.
Number of Questions: 15
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Tags: product liability law comparative negligence product defects assumption of risk contributory negligence
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In the context of product liability law, what is comparative negligence?

  1. A legal doctrine that assigns a percentage of fault to each party involved in an accident

  2. A defense strategy used by defendants to argue that the plaintiff's own negligence caused or contributed to their injury

  3. A principle that allows plaintiffs to recover damages even if they were partially responsible for their own injury

  4. A legal concept that holds manufacturers strictly liable for any injuries caused by their products, regardless of the plaintiff's negligence


Correct Option: B
Explanation:

Comparative negligence is a legal defense that allows defendants in product liability cases to argue that the plaintiff's own negligence contributed to their injury, thereby reducing the amount of damages they are liable for.

Which of the following is NOT a common type of comparative negligence defense?

  1. Assumption of risk

  2. Contributory negligence

  3. Strict liability

  4. Product misuse


Correct Option: C
Explanation:

Strict liability is not a type of comparative negligence defense. It is a legal principle that holds manufacturers strictly liable for injuries caused by their defective products, regardless of the plaintiff's negligence.

Under the doctrine of comparative negligence, how is a plaintiff's recovery affected if they are found to be 20% at fault for their injury?

  1. Their recovery is reduced by 20%

  2. Their recovery is barred completely

  3. Their recovery is increased by 20%

  4. Their recovery is unaffected


Correct Option: A
Explanation:

Under the doctrine of comparative negligence, a plaintiff's recovery is reduced by the percentage of fault that is attributed to them. If a plaintiff is found to be 20% at fault, their recovery will be reduced by 20%.

In a comparative negligence jurisdiction, what is the primary factor that courts consider when determining the plaintiff's percentage of fault?

  1. The severity of the plaintiff's injury

  2. The defendant's financial resources

  3. The plaintiff's knowledge of the product's risks

  4. The defendant's intent to cause harm


Correct Option: C
Explanation:

In a comparative negligence jurisdiction, the primary factor that courts consider when determining the plaintiff's percentage of fault is their knowledge of the product's risks. This includes whether the plaintiff was aware of the product's potential dangers and whether they took reasonable steps to avoid those dangers.

Which of the following is NOT a potential consequence of a plaintiff being found comparatively negligent?

  1. Reduced recovery

  2. Complete bar to recovery

  3. Increased recovery

  4. Punitive damages


Correct Option: C
Explanation:

Increased recovery is not a potential consequence of a plaintiff being found comparatively negligent. The other options are all potential consequences, depending on the jurisdiction and the specific facts of the case.

True or False: In a pure comparative negligence jurisdiction, a plaintiff can recover damages even if they are found to be 99% at fault for their injury.

  1. True

  2. False


Correct Option: A
Explanation:

In a pure comparative negligence jurisdiction, a plaintiff can recover damages even if they are found to be 99% at fault for their injury. Their recovery will simply be reduced by the percentage of fault that is attributed to them.

Which of the following is NOT a state that follows the pure comparative negligence rule?

  1. California

  2. Texas

  3. New York

  4. Florida


Correct Option: B
Explanation:

Texas is the only state that does not follow the pure comparative negligence rule. Instead, it follows the modified comparative negligence rule, which bars recovery if the plaintiff is found to be more than 50% at fault for their injury.

In a modified comparative negligence jurisdiction, what is the most common threshold for barring a plaintiff's recovery?

  1. 25%

  2. 33%

  3. 50%

  4. 75%


Correct Option: C
Explanation:

The most common threshold for barring a plaintiff's recovery in a modified comparative negligence jurisdiction is 50%. This means that if a plaintiff is found to be 50% or more at fault for their injury, they will be barred from recovering any damages.

True or False: Assumption of risk is a complete defense to a product liability claim in all jurisdictions.

  1. True

  2. False


Correct Option: B
Explanation:

Assumption of risk is not a complete defense to a product liability claim in all jurisdictions. In some jurisdictions, it is only a partial defense that reduces the plaintiff's recovery by the percentage of fault that is attributed to them.

Which of the following is NOT an example of an assumption of risk defense?

  1. A plaintiff who uses a product in a way that is contrary to the manufacturer's instructions

  2. A plaintiff who fails to read the warning label on a product

  3. A plaintiff who is aware of the product's potential dangers but chooses to use it anyway

  4. A plaintiff who is forced to use a product because there is no other alternative


Correct Option: D
Explanation:

A plaintiff who is forced to use a product because there is no other alternative is not assuming the risk of using the product. They are simply using the product out of necessity.

What is the main difference between contributory negligence and comparative negligence?

  1. Contributory negligence bars recovery if the plaintiff is found to be any percentage at fault, while comparative negligence allows for reduced recovery even if the plaintiff is partially at fault.

  2. Contributory negligence is a complete defense, while comparative negligence is only a partial defense.

  3. Contributory negligence is based on the plaintiff's conduct, while comparative negligence is based on the defendant's conduct.

  4. Contributory negligence is a common law doctrine, while comparative negligence is a statutory doctrine.


Correct Option: A
Explanation:

The main difference between contributory negligence and comparative negligence is that contributory negligence bars recovery if the plaintiff is found to be any percentage at fault, while comparative negligence allows for reduced recovery even if the plaintiff is partially at fault.

In a comparative negligence jurisdiction, what happens if the plaintiff is found to be more at fault than the defendant?

  1. The plaintiff's recovery is barred completely.

  2. The plaintiff's recovery is reduced by the percentage of fault that is attributed to them.

  3. The plaintiff's recovery is increased by the percentage of fault that is attributed to them.

  4. The plaintiff's recovery is unaffected.


Correct Option: A
Explanation:

In a comparative negligence jurisdiction, if the plaintiff is found to be more at fault than the defendant, their recovery is barred completely.

Which of the following is NOT a factor that courts consider when determining the plaintiff's percentage of fault in a comparative negligence case?

  1. The plaintiff's knowledge of the product's risks

  2. The defendant's financial resources

  3. The plaintiff's conduct

  4. The severity of the plaintiff's injury


Correct Option: B
Explanation:

The defendant's financial resources are not a factor that courts consider when determining the plaintiff's percentage of fault in a comparative negligence case.

True or False: In a comparative negligence jurisdiction, a plaintiff's recovery can be reduced to zero if they are found to be more than 50% at fault for their injury.

  1. True

  2. False


Correct Option: A
Explanation:

In a comparative negligence jurisdiction, a plaintiff's recovery can be reduced to zero if they are found to be more than 50% at fault for their injury.

Which of the following is NOT a potential defense to a product liability claim?

  1. Comparative negligence

  2. Assumption of risk

  3. Statute of limitations

  4. Product misuse


Correct Option: C
Explanation:

Statute of limitations is not a defense to a product liability claim. It is a procedural rule that bars a plaintiff from bringing a lawsuit after a certain period of time has passed.

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