MN Bar Torts 3

Question 1

Under strict products liability, a manufacturing defect occurs when:

Accepted Answer

The specific product unit departs from its intended design, making it more dangerous than the design specification called for

Answer

The product's intended design creates an unreasonable risk of harm across the entire product line

Answer

The manufacturer fails to provide adequate warnings about risks inherent in the product

Answer

The product is marketed to a consumer population for which it was not intended

Question 2

In a design defect claim evaluated under the risk-utility test, a court asks whether:

Accepted Answer

The risks of the product's design outweigh its benefits, considering the availability of a reasonable alternative design that would have reduced the risk

Answer

The product failed to perform as an ordinary consumer would have reasonably expected

Answer

The manufacturer was aware of the design flaw before placing the product in commerce

Answer

The plaintiff was using the product in a manner intended and foreseeable by the manufacturer

Question 3

Which parties throughout the chain of distribution may be held strictly liable for placing a defective product into commerce?

Accepted Answer

Any commercial seller in the ordinary course of business, including manufacturers, distributors, and retailers

Answer

Only the original manufacturer of the defective component or product

Answer

Only the retailer who made the final sale directly to the injured consumer

Answer

Only those parties in the chain who had actual knowledge of the defect

Question 4

In a strict products liability failure-to-warn claim, the plaintiff must establish that:

Accepted Answer

The manufacturer knew or reasonably should have known of the risk, failed to provide an adequate warning, and the inadequate warning caused the plaintiff's injury

Answer

The product label contained no safety information of any kind

Answer

The plaintiff read the existing warning and found it confusing or ambiguous

Answer

The manufacturer intentionally concealed a known risk to protect profits

Question 5

Strict liability for abnormally dangerous activities typically applies when the activity:

Accepted Answer

Creates a high risk of serious harm that cannot be eliminated by exercising reasonable care and is not a matter of common usage in the community

Answer

Is conducted without the proper government permits or required licenses

Answer

Causes actual physical harm to persons or property in all instances of its use

Answer

Is inherently unlawful under applicable state or federal law

Question 6

Under the doctrine of respondeat superior, an employer is vicariously liable for an employee's tortious act when the employee was:

Accepted Answer

Acting within the scope of employment at the time the tortious act occurred

Answer

On the employer's physical premises when the tort was committed

Answer

Performing any task that conferred a benefit on the employer

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Engaged in conduct the employer had previously authorized in writing

Question 7

The 'learned intermediary' doctrine, applied in pharmaceutical products liability cases, holds that:

Accepted Answer

A drug manufacturer satisfies its duty to warn end-users by providing adequate warnings to the prescribing physician

Answer

Pharmacists bear sole responsibility for communicating drug risks to patients at the point of dispensing

Answer

Manufacturers must provide warnings directly to both prescribing physicians and patients in all circumstances

Answer

Expert medical testimony is always required to establish whether a drug warning was legally adequate