FYLSX Strict and Products Liability 5

Question 1

A plaintiff sues a hotel under strict liability after being bitten by a rattlesnake kept in the hotel's petting zoo exhibit. The hotel argues the snake had a handler and was secured. The plaintiff will most likely:

Accepted Answer

Win because wild animals trigger strict liability regardless of care taken

Answer

Owners of wild animals are strictly liable for injuries those animals cause regardless of the precautions taken, because wild animals retain their dangerous nature.

Question 2

A defendant stored large quantities of flammable chemicals next to a residential neighborhood. An explosion injured several residents. Under strict liability for abnormally dangerous activities, which factor most supports liability?

Accepted Answer

The risk cannot be eliminated even with reasonable care and the location is inappropriate

Answer

The inability to eliminate the risk with reasonable care and the inappropriateness of the location are among the strongest factors supporting strict liability for abnormally dangerous activities.

Question 3

A plaintiff sues under strict products liability. The defendant argues the plaintiff's injuries were caused by a subsequent modification to the product made by a third party after sale. This defense is most likely:

Accepted Answer

Effective if the modification was unforeseeable and materially altered the product

Answer

An unforeseeable material alteration by a third party after sale can break the chain of causation and relieve the manufacturer of strict liability.

Question 4

Under strict products liability, the plaintiff must prove all of the following EXCEPT:

Accepted Answer

The defendant failed to exercise reasonable care in making the product

Answer

Strict products liability does not require proof that the defendant was negligent or failed to exercise reasonable care — the focus is on the product's condition, not the manufacturer's conduct.

Question 5

A plaintiff purchases a used chainsaw from a neighbor at a garage sale. The saw has a defective chain brake that injures her. She sues the original manufacturer. The manufacturer's best defense under strict products liability is:

Accepted Answer

The plaintiff assumed the risk by purchasing a used power tool

Answer

While manufacturers can be liable for defective products sold through used channels in some jurisdictions, assumption of risk — knowingly using a visibly worn or potentially unsafe used power tool — is the strongest available defense here.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Strict and Products Liability 5