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Product Liability Law: Design Defects

Description: This quiz covers the legal principles and concepts related to design defects in product liability law.
Number of Questions: 15
Created by:
Tags: product liability design defects negligence strict liability
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What is the primary legal theory used to hold manufacturers liable for design defects?

  1. Negligence

  2. Strict Liability

  3. Breach of Warranty

  4. Misrepresentation


Correct Option: B
Explanation:

In design defect cases, strict liability is typically the primary legal theory used to hold manufacturers liable, as it does not require proof of negligence or fault.

What are the three main types of design defects recognized by courts?

  1. Manufacturing Defects, Design Defects, and Marketing Defects

  2. Manufacturing Defects, Design Defects, and Labeling Defects

  3. Manufacturing Defects, Design Defects, and Failure to Warn Defects

  4. Manufacturing Defects, Design Defects, and Misrepresentation Defects


Correct Option: C
Explanation:

The three main types of design defects are manufacturing defects, design defects, and failure to warn defects.

What is the legal test used to determine whether a product has a design defect?

  1. The Consumer Expectation Test

  2. The Risk-Utility Test

  3. The Reasonable Alternative Design Test

  4. The Learned Intermediary Doctrine


Correct Option: B
Explanation:

The risk-utility test is the legal test used to determine whether a product has a design defect.

What factors are considered in the risk-utility test?

  1. The severity of the harm caused by the product

  2. The likelihood that the harm will occur

  3. The feasibility of an alternative design that would have prevented the harm

  4. All of the above


Correct Option: D
Explanation:

All of the above factors are considered in the risk-utility test.

What is the legal doctrine that protects manufacturers from liability for design defects in certain situations?

  1. The Learned Intermediary Doctrine

  2. The Assumption of Risk Doctrine

  3. The Contributory Negligence Doctrine

  4. The Comparative Negligence Doctrine


Correct Option: A
Explanation:

The learned intermediary doctrine protects manufacturers from liability for design defects in certain situations, such as when the product is prescribed by a doctor and the doctor is aware of the risks associated with the product.

What is the legal defense that manufacturers can use to argue that a design defect was not the cause of the plaintiff's injuries?

  1. The State-of-the-Art Defense

  2. The Open and Obvious Danger Defense

  3. The Assumption of Risk Defense

  4. The Contributory Negligence Defense


Correct Option: A
Explanation:

The state-of-the-art defense is a legal defense that manufacturers can use to argue that a design defect was not the cause of the plaintiff's injuries because the product was designed in accordance with the state-of-the-art at the time it was manufactured.

What is the legal doctrine that allows manufacturers to modify or recall products after they have been sold?

  1. The Product Recall Doctrine

  2. The Product Modification Doctrine

  3. The Product Liability Doctrine

  4. The Strict Liability Doctrine


Correct Option: A
Explanation:

The product recall doctrine allows manufacturers to modify or recall products after they have been sold in order to prevent harm to consumers.

What is the legal duty that manufacturers have to warn consumers about the risks associated with their products?

  1. The Duty to Warn

  2. The Duty to Inspect

  3. The Duty to Repair

  4. The Duty to Replace


Correct Option: A
Explanation:

Manufacturers have a legal duty to warn consumers about the risks associated with their products.

What are the two main types of warnings that manufacturers can provide to consumers?

  1. General Warnings and Specific Warnings

  2. Adequate Warnings and Inadequate Warnings

  3. Express Warnings and Implied Warnings

  4. Written Warnings and Oral Warnings


Correct Option: A
Explanation:

The two main types of warnings that manufacturers can provide to consumers are general warnings and specific warnings.

What factors are considered in determining whether a warning is adequate?

  1. The severity of the harm caused by the product

  2. The likelihood that the harm will occur

  3. The clarity and conspicuousness of the warning

  4. All of the above


Correct Option: D
Explanation:

All of the above factors are considered in determining whether a warning is adequate.

What is the legal doctrine that protects manufacturers from liability for design defects in certain situations?

  1. The Learned Intermediary Doctrine

  2. The Assumption of Risk Doctrine

  3. The Contributory Negligence Doctrine

  4. The Comparative Negligence Doctrine


Correct Option: A
Explanation:

The learned intermediary doctrine protects manufacturers from liability for design defects in certain situations, such as when the product is prescribed by a doctor and the doctor is aware of the risks associated with the product.

What is the legal defense that manufacturers can use to argue that a design defect was not the cause of the plaintiff's injuries?

  1. The State-of-the-Art Defense

  2. The Open and Obvious Danger Defense

  3. The Assumption of Risk Defense

  4. The Contributory Negligence Defense


Correct Option: A
Explanation:

The state-of-the-art defense is a legal defense that manufacturers can use to argue that a design defect was not the cause of the plaintiff's injuries because the product was designed in accordance with the state-of-the-art at the time it was manufactured.

What is the legal doctrine that allows manufacturers to modify or recall products after they have been sold?

  1. The Product Recall Doctrine

  2. The Product Modification Doctrine

  3. The Product Liability Doctrine

  4. The Strict Liability Doctrine


Correct Option: A
Explanation:

The product recall doctrine allows manufacturers to modify or recall products after they have been sold in order to prevent harm to consumers.

What is the legal duty that manufacturers have to warn consumers about the risks associated with their products?

  1. The Duty to Warn

  2. The Duty to Inspect

  3. The Duty to Repair

  4. The Duty to Replace


Correct Option: A
Explanation:

Manufacturers have a legal duty to warn consumers about the risks associated with their products.

What are the two main types of warnings that manufacturers can provide to consumers?

  1. General Warnings and Specific Warnings

  2. Adequate Warnings and Inadequate Warnings

  3. Express Warnings and Implied Warnings

  4. Written Warnings and Oral Warnings


Correct Option: A
Explanation:

The two main types of warnings that manufacturers can provide to consumers are general warnings and specific warnings.

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