FYLSX Strict and Products Liability 2

Question 1

A manufacturer sells a power saw with a blade guard that can be easily removed without tools. A user removes the guard and is injured. Under strict products liability, which factor most favors the manufacturer?

Accepted Answer

The user's removal of the guard was an unforeseeable misuse

Answer

If removing the guard was an unforeseeable misuse, strict products liability may not apply because liability requires the product to be used in a reasonably foreseeable manner.

Question 2

Under the Restatement (Second) of Torts § 402A, which of the following sellers is NOT subject to strict products liability?

Accepted Answer

A casual seller who occasionally sells used goods

Answer

Strict products liability under § 402A applies only to sellers engaged in the business of selling the product; a casual or occasional seller is not subject to strict liability.

Question 3

A plaintiff sues a drug company under strict products liability for a prescription drug that caused serious side effects. The drug carried appropriate warnings to physicians. Under the learned intermediary doctrine, the court will most likely:

Accepted Answer

Find the manufacturer's duty to warn was satisfied by warning the prescribing physician

Answer

Under the learned intermediary doctrine, a drug manufacturer fulfills its duty to warn by providing adequate warnings to the prescribing physician rather than directly to the patient.

Question 4

A consumer purchases a bottle of soda that explodes in her hand due to excessive carbonation pressure. She sues the bottler under strict liability. The bottler argues the bottle was inspected and met industry standards. This defense is:

Accepted Answer

Invalid, because strict liability does not require proof of negligence

Answer

Strict products liability does not require proof of negligence, so compliance with industry standards is not a complete defense.

Question 5

A child is injured by a toy that was safe for ages 8 and older but was marketed to children of all ages without age warnings. This is best characterized as a:

Accepted Answer

Warning defect (failure to warn)

Answer

Marketing a product to an inappropriate audience without adequate age-based warnings constitutes a failure-to-warn defect.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Strict and Products Liability 2