Liability and Defenses to Products Liability Self-Quiz

 

 

 

 

 

 

 

 

 

Lance goes down to a local sporting goods store and buys a new racing bike. Unfortunately, the bike has a manufacturing defect that causes the bolt holding the wheels to the bike to break when the bike travels at high speeds. While Lance is racing through the streets, this bolt breaks and the front wheel comes off the bike. Lance loses control of the bike, crashes into a tree, and suffers severe injuries. In a suit against the sporting goods store, Lance will probably:
Choice 1 Win in strict liability because the store passed on the defective bike in the stream of commerce
Choice 2 Win, if he can prove common law negligence
Choice 3 Lose, because the sporting goods store did not manufacture the bike
Choice 4 Lose, because he was traveling at high speeds
Lance goes down to a used bike shop and buys a new racing bike. Unfortunately, the bike has a manufacturing defect that causes the bolt holding the wheels to the bike to break when the bike travels at high speeds. While Lance is racing through the streets, this bolt breaks and the front wheel comes off the bike. Lance loses control of the bike, crashes into a tree, and suffers severe injuries. In a suit against the shop, Lance will probably:
Choice 1 Win in strict liability because the shop passed on the defective bike in the stream of commerce
Choice 2 Win, if he can prove common law negligence
Choice 3 Lose, because the shop did not manufacture the bike
Choice 4 Lose, because he was traveling at high speeds
Lance is interested in buying a racing bike. Greg, who lives down the block from Lance, is having a yard sale and Lance sees that Greg is selling a racing bike. Lance buys the bike from Greg. Unfortunately, the bike has a manufacturing defect that causes the bolt holding the wheels to the bike to break when the bike travels at high speeds. While Lance is racing through the streets, this bolt breaks and the front wheel comes off the bike. Lance loses control of the bike, crashes into a tree, and suffers severe injuries. In a suit against Greg, Lance will probably:
Choice 1 Win in strict liability because Greg passed on the defective bike in the stream of commerce
Choice 2 Win, if he can prove common law negligence
Choice 3 Lose, because Greg did not manufacture the bike
Choice 4 Lose, because he was traveling at high speeds
Lance, an avid cyclist, buys a new BMX racing bike at the local sporting goods store. As part of a sales promotion that BMX is running, a company technician will come to the buyer’s house and personally assemble the bike for the buyer. The day after Lance buys the bike, a BMX technician arrives at Lance’s house to assemble the bike. Unfortunately, the technician does a poor job and, while Lance is riding through the streets, the front wheel of the bike comes loose. Lance loses control of the bike, crashes into a tree and suffers several broken bones. If Lance sues BMX, he will be able to recover in strict liability:
True
False
Bill is sitting in his office when the light bulb in the ceiling fixture burns out. Bill drags a folding chair under the fixture and climbs up onto the chair to replace the bulb. As Bill is changing the bulb, the chair that he is standing on, which has been manufactured poorly, collapses. Bill falls to the floor and hits his head, suffering a concussion and several broken teeth. If Bill sues the chair manufacturer under a products liability theory, he will probably:
Choice 1 Lose, because he was not using the chair in a manner that it was supposed to be used
Choice 2 Lose, because he assumed the risk of climbing onto the chair
Choice 3 Lose, because reasonable people do not stand on chairs
Choice 4 Win, because he was using the chair in a foreseeable manner
RaceKarts, Inc. is a go-kart manufacturer. Their top of the line go-kart has an engine that allows the Kart to travel at speeds of up to 90 mph. However, due to safety concerns, the company installs a speed cap in each one of their karts that limits the kart to speeds of 45 mph. The company informs each buyer that the kart has a speed cap. Most buyers buy the karts anyway because the caps are easy to remove. Mario and Emerson each buy a kart and, being speed lovers, remove the caps before driving the karts. Mario and Emerson are racing their karts around a track when Mario loses control of his car and crashes into a wall. Mario, who was traveling at 85 mph when he hit the wall, is severely injured. In a suit against RaceKarts, Mario will probably:
Choice 1 Not recover, because Racing the car was negligent
Choice 2 Not recover, because Mario removed the speed cap
Choice 3 Recover, because the product invited the kind of modification that Mario made
Choice 4 Recover, because the Kart should not have been designed to go 90 mph in the first place

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