OR Bar Torts and Negligence 3

Question 1

In Oregon, products liability claims can be brought under which legal theories?

Accepted Answer

Strict liability, negligence, and breach of warranty

Answer

Oregon recognizes three theories for products liability: strict liability under ORS 30.900, negligence, and breach of warranty under the UCC.

Question 2

Under Oregon's strict products liability statute (ORS 30.900), a product seller is liable when the product is sold in a 'defective condition unreasonably dangerous.' Which type of defect involves a flaw in the design itself that makes all units of the product dangerous?

Accepted Answer

Design defect

Answer

A design defect exists when the entire product line is rendered unreasonably dangerous because of an unsafe design, as opposed to a flaw in a single unit.

Question 3

An Oregon employer is sued for the torts of an employee committed while making a personal detour on a work errand. Under respondeat superior, is the employer liable?

Accepted Answer

No, because a personal detour is a frolic that takes the employee outside the scope of employment

Answer

Under the frolic vs. detour distinction, a substantial personal deviation (frolic) takes the employee outside the scope of employment, relieving the employer of liability.

Question 4

Oregon's wrongful death statute (ORS 30.020) allows recovery for which of the following damages?

Accepted Answer

Economic losses, loss of society and companionship, and other pecuniary losses to survivors

Answer

Oregon's wrongful death statute permits recovery for economic losses, loss of society and companionship to the estate and surviving family members, among other damages.

Question 5

Under Oregon law, which of the following is a valid defense to a strict liability products claim?

Accepted Answer

Assumption of the risk by knowingly using a defective product

Answer

Assumption of the risk — where the plaintiff knowingly and voluntarily uses a product they know to be defective — is a complete or partial defense to strict products liability in Oregon.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Torts and Negligence 3