Defects Self-Quiz

 

 

 

 

 

To cool off his warm apartment, Jeff buys a ceiling fan, manufactured by EasyBreeze, Inc., and has it installed in his bedroom. Upon using the fan for the first time, Jeff discovers that the fan makes a loud grinding sound as it rotates. Jeff calls the installer who tells him that the sound will go away with continued use. That night, before, going to bed, Jeff turns the fan on. In the middle of the night, he is woken up by a loud crash. Upon turning on the light in his room he discovers that the fan’s blades have become detached, have been flung across the room and have destroyed his television set and a valuable vase. It turns out that a manufacturing defect involving the fan’s motor caused the accident. In an action against EasyBreeze, Inc., Jeff will:
Choice 1Win after proving the four elements of a classic negligence case
Choice 2 Win without needing to prove the four elements of negligence
Choice 3 Lose because he was not personally harmed
Choice 4 Lose because a reasonably careful person would have stopped using the fan

Lance goes down to a local sporting goods store and buys a top of the line racing bike. Lance brings the bike home, calls his friend Greg and challenges him to a race. As Lance and Greg are racing through the streets, one of the bolts holding the wheels to the bike frame breaks on Lance’s bike. The front wheel of Lance’s bike comes loose and Lance loses control, crashes into a tree and suffers extensive injuries. Lance will be able to recover under a strict liability theory but only if he can prove that the bike was not in the condition it was supposed to be in when it left the manufacturer’s possession:
True
False
If a plaintiff is injured by a product he buys and he sues the manufacturer under a design defect theory and the jury decides that the product was a useful one, there was no way the manufacturer could have made the product any safer and that the product performed as safely as an ordinary consumer would have expected it to, the defendant will recover for his injuries anyway:
True
False
Lance goes down to a local sporting goods store and buys a top of the line racing bike. Lance brings the bike home and puts it in his garage to wait for the weatherr to warm up. A few weeks later, before Lance has had a chance to ride the bike, he gets a notice from the bike’s manufacturer saying that, because of a manufacturing defect, the bolt that holds the wheels in place weaken when the bike is used at high speeds and may break. The notice invites Lance to return the bike for a new model that does not have this manufacturing defect. Lance ignores the notice and takes the bike out for a spin anyway. As Lance is racing through the streets, the front wheel of the bike comes loose and Lance loses control, crashes into a tree and suffers extensive injuries. Lance will be able to recover under a strict liability theory because the accident was caused by a manufacturing defect:
True
False
Connie Edison has just purchased a new radio that she keeps in her bathroom so that she can listen to music when she is in the shower. One night, after a particularly hard day, Connie decides to take a hot bath and relax. She plugs her radio in, sets in on the edge of the tub and gets in. Unfortunately, she accidentally knocks the radio into the tub while she is getting in. The radio shorts out and Connie suffers severe injuries from the electrical shocks she sustains. Connie sues the radio manufacturer, saying that while there was nothing wrong with the radio itself, there was no warning either on the radio or on the packaging that there was a 'risk of electrical shock if the radio fell into the water'. With this argument, Connie will be able to recover against the manufacturer:
True
False
Tex is an eighty five year old billionaire who has just married Anna Nicole, the twenty two year old love of his life. Tex and Anna would like to start a family and Tex contacts his doctor about getting a prescription for Niagra, a new potency drug. The makers of Niagra enclose a sheet of warnings in every shipment that they make to doctors saying that men over the age of seventy five should not take Niagra because the risk of heart attack increases. However, the prescription bottles that the patients receive do not have any warnings on them. Therefore, unless the doctor informs the patient about the warnings, the patient never finds out. Tex’s doctor gives him a prescription for the drug but does not tell him that the risk of heart attack in men over the age of seventy five is increased by taking Niagra. That night, Tex takes two of the pills and, several minutes later, suffers a massive heart attack. If Tex sues the drug’s maker and argues that there were no warnings that he was aware of, he will be able to recover:
True
False

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