0

Product Liability Law: Strict Liability and Negligence

Description: This quiz will test your understanding of the legal principles governing product liability law, with a focus on strict liability and negligence.
Number of Questions: 15
Created by:
Tags: product liability law strict liability negligence defenses
Attempted 0/15 Correct 0 Score 0

In a strict liability case, the plaintiff must prove:

  1. That the product was defective.

  2. That the defendant was negligent.

  3. That the product caused the plaintiff's injuries.

  4. All of the above.


Correct Option: A
Explanation:

In a strict liability case, the plaintiff is not required to prove that the defendant was negligent. Instead, the plaintiff must only prove that the product was defective and that the defect caused the plaintiff's injuries.

Which of the following is a defense to a strict liability claim?

  1. Assumption of risk.

  2. Contributory negligence.

  3. Unavoidably dangerous product.

  4. All of the above.


Correct Option: D
Explanation:

Assumption of risk, contributory negligence, and unavoidably dangerous product are all defenses to a strict liability claim.

In a negligence case, the plaintiff must prove:

  1. That the defendant owed the plaintiff a duty of care.

  2. That the defendant breached that duty of care.

  3. That the defendant's breach of duty caused the plaintiff's injuries.

  4. All of the above.


Correct Option: D
Explanation:

In a negligence case, the plaintiff must prove that the defendant owed the plaintiff a duty of care, that the defendant breached that duty of care, and that the defendant's breach of duty caused the plaintiff's injuries.

Which of the following is a defense to a negligence claim?

  1. Act of God.

  2. Force majeure.

  3. Assumption of risk.

  4. All of the above.


Correct Option: D
Explanation:

Act of God, force majeure, and assumption of risk are all defenses to a negligence claim.

What is the difference between strict liability and negligence?

  1. In strict liability, the plaintiff does not have to prove negligence.

  2. In negligence, the plaintiff must prove that the defendant owed them a duty of care.

  3. In strict liability, the defendant is liable even if they took all reasonable precautions to prevent the defect.

  4. All of the above.


Correct Option: D
Explanation:

All of the above statements are true. In strict liability, the plaintiff does not have to prove negligence, the defendant is liable even if they took all reasonable precautions to prevent the defect, and the plaintiff must prove that the defendant owed them a duty of care.

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

  1. 2 years.

  2. 3 years.

  3. 4 years.

  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 laws of the state where the claim is being filed to determine the applicable statute of limitations.

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

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

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

  3. The burden of proof shifts depending on the circumstances of the case.

  4. None of the above.


Correct Option: A
Explanation:

In a product liability case, the plaintiff has the burden of proving that the product was defective. The defendant does not have to prove that the product was not defective.

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

  1. A manufacturing defect is a defect that occurs during the manufacturing process.

  2. A design defect is a defect that exists in the product's design.

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

  4. None of the above.


Correct Option: A
Explanation:

A manufacturing defect is a defect that occurs during the manufacturing process, while a design defect is a defect that exists in the product's design. Manufacturing defects are not always more serious than design defects.

What is the difference between a warning defect and a failure to warn?

  1. A warning defect is a defect in the product's warning label.

  2. A failure to warn is when the manufacturer fails to provide any warning about the product's dangers.

  3. Both warning defects and failures to warn can result in liability for the manufacturer.

  4. All of the above.


Correct Option: D
Explanation:

All of the above statements are true. A warning defect is a defect in the product's warning label, a failure to warn is when the manufacturer fails to provide any warning about the product's dangers, and both warning defects and failures to warn can result in liability for the manufacturer.

What is the purpose of a product recall?

  1. To notify consumers about a dangerous product.

  2. To remove the dangerous product from the market.

  3. To prevent further injuries from occurring.

  4. All of the above.


Correct Option: D
Explanation:

All of the above statements are true. The purpose of a product recall is to notify consumers about a dangerous product, to remove the dangerous product from the market, and to prevent further injuries from occurring.

What is the difference between a class action lawsuit and an individual lawsuit?

  1. In a class action lawsuit, one person sues on behalf of a group of people who have been similarly injured.

  2. In an individual lawsuit, each person who has been injured files their own lawsuit.

  3. Class action lawsuits are always more successful than individual lawsuits.

  4. None of the above.


Correct Option: A
Explanation:

In a class action lawsuit, one person sues on behalf of a group of people who have been similarly injured. In an individual lawsuit, each person who has been injured files their own lawsuit. Class action lawsuits are not always more successful than individual lawsuits.

What is the role of the Consumer Product Safety Commission (CPSC) in product liability law?

  1. The CPSC is responsible for investigating product-related injuries and deaths.

  2. The CPSC has the authority to issue product recalls.

  3. The CPSC can impose civil penalties on manufacturers who violate product safety laws.

  4. All of the above.


Correct Option: D
Explanation:

All of the above statements are true. The CPSC is responsible for investigating product-related injuries and deaths, has the authority to issue product recalls, and can impose civil penalties on manufacturers who violate product safety laws.

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

  1. An express warranty is a written warranty that is included with the product.

  2. An implied warranty is a warranty that is created by law.

  3. Express warranties are always more protective than implied warranties.

  4. None of the above.


Correct Option: A
Explanation:

An express warranty is a written warranty that is included with the product, while an implied warranty is a warranty that is created by law. Express warranties are not always more protective than implied warranties.

What is the Magnuson-Moss Warranty Act?

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

  2. A law that requires manufacturers to provide a written warranty with every product they sell.

  3. A law that prohibits manufacturers from making false or misleading warranty claims.

  4. All of the above.


Correct Option: D
Explanation:

All of the above statements are true. The Magnuson-Moss Warranty Act is a federal law that regulates warranties on consumer products, requires manufacturers to provide a written warranty with every product they sell, and prohibits manufacturers from making false or misleading warranty claims.

What is the difference between a tort and a contract?

  1. A tort is a civil wrong that results in injury to another person.

  2. A contract is a legally binding agreement between two or more parties.

  3. Torts are always intentional, while contracts are always unintentional.

  4. None of the above.


Correct Option: A
Explanation:

A tort is a civil wrong that results in injury to another person, while a contract is a legally binding agreement between two or more parties. Torts are not always intentional, and contracts are not always unintentional.

- Hide questions