FYLSX Strict and Products Liability 3

Question 1

A plaintiff is injured by a defective lawnmower. She cannot identify which of three manufacturers produced the specific unit because the serial number was destroyed in the accident. Under market share liability, the court will likely:

Accepted Answer

Apportion liability among defendants based on their market share

Answer

Market share liability, developed in DES cases, allows apportionment among defendants based on their respective market shares when the plaintiff cannot identify the specific manufacturer.

Question 2

A plaintiff sues a retailer for strict products liability after being injured by a defective blender. The retailer argues it merely sold the product and had no role in the design or manufacture. Under strict products liability, the retailer is:

Accepted Answer

Liable because retailers in the distribution chain are strictly liable

Answer

Under strict products liability, every seller in the commercial distribution chain — including retailers — can be held strictly liable regardless of fault.

Question 3

A homeowner uses dynamite to remove a tree stump and injures a neighbor. The neighbor sues under strict liability for abnormally dangerous activity. The homeowner argues blasting is common in the rural area. This argument:

Accepted Answer

Is one factor courts consider in assessing whether the activity is abnormally dangerous

Answer

Whether an activity is inappropriate for the location is one of several factors courts weigh under the Restatement when assessing abnormal danger; local commonality may reduce the weight of this factor.

Question 4

A plaintiff claims a car's roof collapsed during a rollover accident that the manufacturer did not design for. The manufacturer argues the car was safe for normal use. Which type of defect claim is most appropriate?

Accepted Answer

Design defect, because the entire product line lacks rollover protection

Answer

When an entire product line lacks a safety feature that would reduce foreseeable risks (like rollover protection), the claim is for design defect.

Question 5

Under the consumer expectations test for design defect, liability is established when:

Accepted Answer

The product fails to perform as safely as an ordinary consumer would expect

Answer

The consumer expectations test holds a product defective in design when it fails to meet the safety expectations of the ordinary consumer.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Strict and Products Liability 3