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Product Liability Law: Open and Obvious Dangers

Description: This quiz will test your knowledge of product liability law, with a focus on open and obvious dangers.
Number of Questions: 15
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Tags: product liability open and obvious dangers
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What is the general rule regarding open and obvious dangers in product liability cases?

  1. Manufacturers are not liable for injuries caused by open and obvious dangers.

  2. Manufacturers are liable for injuries caused by open and obvious dangers if they fail to warn consumers of the dangers.

  3. Manufacturers are liable for injuries caused by open and obvious dangers if the consumer was not aware of the dangers.

  4. Manufacturers are liable for injuries caused by open and obvious dangers if the product was defective.


Correct Option: A
Explanation:

The general rule is that manufacturers are not liable for injuries caused by open and obvious dangers because consumers are expected to be aware of and avoid these dangers.

What is an example of an open and obvious danger?

  1. A sharp knife

  2. A hot stove

  3. A slippery floor

  4. All of the above


Correct Option: D
Explanation:

All of the above are examples of open and obvious dangers because they are easily recognizable and avoidable.

When might a manufacturer be liable for injuries caused by an open and obvious danger?

  1. If the manufacturer fails to warn consumers of the danger.

  2. If the consumer was not aware of the danger.

  3. If the product was defective.

  4. All of the above


Correct Option: D
Explanation:

A manufacturer may be liable for injuries caused by an open and obvious danger if the manufacturer fails to warn consumers of the danger, if the consumer was not aware of the danger, or if the product was defective.

What is the purpose of a warning label on a product?

  1. To inform consumers of the dangers associated with the product.

  2. To absolve the manufacturer of liability for injuries caused by the product.

  3. To make the product more attractive to consumers.

  4. None of the above


Correct Option: A
Explanation:

The purpose of a warning label on a product is to inform consumers of the dangers associated with the product so that they can take steps to avoid those dangers.

What are some factors that courts consider when determining whether a warning label is adequate?

  1. The size and prominence of the warning label.

  2. The clarity and specificity of the warning label.

  3. The location of the warning label on the product.

  4. All of the above


Correct Option: D
Explanation:

Courts consider all of the above factors when determining whether a warning label is adequate.

What is the difference between a product defect and an open and obvious danger?

  1. A product defect is a hidden danger, while an open and obvious danger is a visible danger.

  2. A product defect is a danger that is caused by a manufacturing error, while an open and obvious danger is a danger that is inherent in the product's design.

  3. A product defect is a danger that is foreseeable, while an open and obvious danger is a danger that is unforeseeable.

  4. A product defect is a danger that is caused by the consumer's misuse of the product, while an open and obvious danger is a danger that is caused by the product's intended use.


Correct Option: A
Explanation:

A product defect is a hidden danger that consumers cannot reasonably be expected to discover, while an open and obvious danger is a visible danger that consumers can reasonably be expected to discover.

Can a manufacturer be liable for injuries caused by a product defect?

  1. Yes, if the defect was foreseeable.

  2. Yes, if the defect was caused by a manufacturing error.

  3. Yes, if the defect was caused by the consumer's misuse of the product.

  4. All of the above


Correct Option: D
Explanation:

A manufacturer can be liable for injuries caused by a product defect if the defect was foreseeable, if the defect was caused by a manufacturing error, or if the defect was caused by the consumer's misuse of the product.

What is the difference between a strict liability cause of action and a negligence cause of action in a product liability case?

  1. In a strict liability cause of action, the plaintiff does not need to prove that the manufacturer was negligent.

  2. In a negligence cause of action, the plaintiff must prove that the manufacturer was negligent.

  3. In a strict liability cause of action, the plaintiff must prove that the product was defective.

  4. In a negligence cause of action, the plaintiff must prove that the product was not defective.


Correct Option: A
Explanation:

In a strict liability cause of action, the plaintiff does not need to prove that the manufacturer was negligent. The plaintiff only needs to prove that the product was defective and that the defect caused the plaintiff's injuries.

What are some defenses that a manufacturer can assert in a product liability case?

  1. The product was not defective.

  2. The consumer was aware of the danger and voluntarily assumed the risk of injury.

  3. The consumer misused the product.

  4. All of the above


Correct Option: D
Explanation:

A manufacturer can assert any of the above defenses in a product liability case.

What is the statute of limitations for filing a product liability lawsuit?

  1. It varies from state to state.

  2. It is two years from the date of injury.

  3. It is four years from the date of injury.

  4. It is six years from the date of injury.


Correct Option: A
Explanation:

The statute of limitations for filing a product liability lawsuit varies from state to state.

What is the best way to protect yourself from product liability lawsuits?

  1. Design and manufacture products that are safe.

  2. Warn consumers of the dangers associated with your products.

  3. Obtain product liability insurance.

  4. All of the above


Correct Option: D
Explanation:

The best way to protect yourself from product liability lawsuits is to design and manufacture products that are safe, warn consumers of the dangers associated with your products, and obtain product liability insurance.

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

  1. The CPSC investigates product safety hazards and issues recalls.

  2. The CPSC sets safety standards for consumer products.

  3. The CPSC provides information to consumers about product safety.

  4. All of the above


Correct Option: D
Explanation:

The CPSC investigates product safety hazards and issues recalls, sets safety standards for consumer products, and provides information to consumers about product safety.

What is the Magnuson-Moss Warranty Act?

  1. It is a federal law that protects consumers from unfair warranty practices.

  2. It requires manufacturers to provide consumers with written warranties for their products.

  3. It prohibits manufacturers from disclaiming or limiting their warranties.

  4. All of the above


Correct Option: D
Explanation:

The Magnuson-Moss Warranty Act is a federal law that protects consumers from unfair warranty practices. It requires manufacturers to provide consumers with written warranties for their products and prohibits manufacturers from disclaiming or limiting their warranties.

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

  1. An express warranty is a written warranty, while an implied warranty is an unwritten warranty.

  2. An express warranty is a warranty that is created by the manufacturer, while an implied warranty is a warranty that is created by law.

  3. An express warranty is a warranty that covers defects in materials and workmanship, while an implied warranty is a warranty that covers defects in design.

  4. All of the above


Correct Option: D
Explanation:

An express warranty is a written warranty that is created by the manufacturer, while an implied warranty is an unwritten warranty that is created by law. An express warranty covers defects in materials and workmanship, while an implied warranty covers defects in design.

What is the best way to resolve a product liability dispute?

  1. Through negotiation and settlement.

  2. Through mediation or arbitration.

  3. Through litigation.

  4. Any of the above


Correct Option: D
Explanation:

Product liability disputes can be resolved through negotiation and settlement, mediation or arbitration, or litigation.

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