Liability for Intentional Torts, Negligence and Strict Liability Self-Quiz

 

 

 

 

 

 

 

 

 

EasyBreeze, Inc. is a manufacturer and distributor of fans, air conditioners and other cooling appliances. EasyBreeze is trying to develop a new model of ceiling fan but the development is not going well. For reasons that EasyBreeze cannot understand, the blades of the fans detach whenever the fan is turned on to maximum strength. Despite this defect, EasyBreeze decided to manufacture and sell the fans anyway. Jeff buys one of the new ceiling fans and has it installed in his bedroom. The first time Jeff uses the fan, he turns it on full strength. Within minutes, the blades become detached and are flung across the room. One of the blades hits Jeff in the chest, giving him a severe cut and several broken ribs. In an action against EasyBreeze, Inc., Jeff will:
Choice 1 Win after proving the four elements of negligence
Choice 2 Win an action for battery
Choice 3 Lose because Jeff assumed the risk of harm by buying the fan
Choice 4 Lose because EasyBreeze is insulated from liability
TinyTykes, Inc. is a company that manufactures a line of various baby products and furniture. One of their most popular products is the “Sleep n’ Go”, a portable crib that folds up to the size of a briefcase when it is not in use. Michael and Katherine, the proud parents of a baby boy, are planning to take a family trip to Bermuda and they purchase a “Sleep n’ Go” to take with them. On the first night of their vacation, Michael unfolds the “Sleep n’ Go” and places the baby inside. Unfortunately, because of a manufacturing mistake, one of the locking hinges that keeps the structure locked and upright is missing. The crib collapses around the baby, partially folding up and pinning the baby inside of it. Michael is able to get the baby out but not before the baby is injured. In a suit against TinyTykes, Michael and Katherine will probably:
Choice 1 Lose, because they should have seen that the crib was not locking
Choice 2 Lose, because neither of them were injured
Choice 3 Win, because the injured party was a child
Choice 4 Win, because it was reasonably foreseeable that someone could get hurt if the crib was not manufactured correctly
TinyTykes, Inc. is a company that manufactures a line of various baby products and furniture. One of their most popular products is the “Sleep n’ Go”, a portable crib that folds up to the size of a briefcase when it is not in use. Unfortunately, while TinyTykes manufactures the cribs exactly according to plan, the design of the crib is flawed because the locking hinges the design calls for are not strong enough to support the weight of a baby. Michael and Katherine, the proud parents of a baby boy, are planning to take a family trip to Bermuda and they purchase a “Sleep n’ Go” to take with them. On the first night of their vacation, Michael unfolds the “Sleep n’ Go” and places the baby inside. The crib collapses around the baby, partially folding up and pinning the baby inside of it. Michael is able to get the baby out but not before the baby is injured. In a suit against TinyTykes, Michael and Katherine will probably:
Choice 1 Lose, because the crib was manufactured exactly according to the design
Choice 2 Lose, because neither of them were injured
Choice 3 Win, because the injured party was a child
Choice 4 Win, because it was reasonably foreseeable that someone could get hurt if the crib was not manufactured correctly
TinyTykes, Inc. is a company that manufactures a line of various baby products and furniture. One of their most popular products is the “Sleep n’ Go”, a portable crib that folds up to the size of a briefcase when it is not in use. However, TinyTykes does not manufacture any of the component parts of the crib themselves. TinyTykes buys all of the different parts that go into the crib from other manufacturers and then assembles them into the cribs, which they sell under the TinyTykes label. Michael and Katherine, the proud parents of a baby boy, are planning to take a family trip to Bermuda and they purchase a “Sleep n’ Go” to take with them. On the first night of their vacation, Michael unfolds the “Sleep n’ Go” and places the baby inside. Unfortunately, one of the locking hinges in this crib that TinyTykes has purchased from a hinge manufacturer is faulty and, as a result, the crib is unstable. The crib collapses around the baby, partially folding up and pinning the baby inside of it. Michael is able to get the baby out but not before the baby is injured. In a suit against TinyTykes, Michael and Katherine will probably:
Choice 1 Lose, because the crib was manufactured exactly according to the design
Choice 2 Lose, because neither of them were injured
Choice 3 Win, because TinyTykes used the hinge in a product that they sold as their own
Choice 4 Lose, because TinyTykes did not manufacture the faulty hinge

TinyTykes, Inc. is a company that manufactures a line of various baby products and furniture. One of their most popular products is the “Sleep n’ Go”, a portable crib that folds up to the size of a briefcase when it is not in use. TinyTykes sells the cribs to various department stores, who sell the cribs to the public. Michael and Katherine, the proud parents of a baby boy, purchase a “Sleep n’ Go” from “Baby Blue”, a local department store. Over the last few months, “Baby Blue” has gotten dozens of complaints from customers saying that the “Sleep n’ Go” is unstable when it is unfolded and many times collapses around the babies. Despite the complaints, “Baby Blue” continues to sell the cribs without inspecting them first. On the first night after buying the crib, Michael unfolds it and places the baby inside. Unfortunately, one of the locking hinges in this crib that TinyTykes has purchased from a hinge manufacturer is faulty and, as a result, the crib is unstable. The crib collapses around the baby, partially folding up and pinning the baby inside of it. Michael is able to get the baby out but not before the baby is injured. In a suit against “Baby Blue”, Michael and Katherine will probably:
Choice 1 Lose, because the crib was manufactured exactly according to the design
Choice 2 Lose, because Baby Blue didn’t manufacture the crib
Choice 3 Win, because “Baby Blue” should have inspected the crib before selling it
Choice 4 Win because the baby was a foreseeable user

MediCo is a very well known pharmaceutical company that, for several years, has been producing Plasmium, a drug that helps people with high blood pressure by thinning their blood. MediCo distributes the drug to doctors and pharmacies who then sell the drug to the public. Reggie has heart trouble and goes to the local pharmacy to pick up a bottle of Plasmium. Unfortunately, MediCo has accidentally filled several bottles labeled “Plasmium” with penicillin. Reggie is highly allergic to penicillin. Reggie has an adverse reaction to the penicillin and has to be rushed to the hospital. In a suit against the pharmacy, Reggie will probably:
Choice 1 Lose, because the pharmacy did not manufacture the drug
Choice 2 Lose, because the pharmacy did not owe Reggie a duty
Choice 3 Win, because Reggie was a foreseeable user
Choice 4 Win, because the pharmacy should have inspected the drugs before selling them
MediCo is a very well known pharmaceutical company that, for several years, has been producing Plasmium, a drug that helps people with high blood pressure by thinning their blood. MediCo distributes the drug to doctors and pharmacies who then sell the drug to the public. Reggie has heart trouble and goes to the local pharmacy to pick up a bottle of Plasmium. Unfortunately, MediCo has negligently filled several bottles labeled “Plasmium” with penicillin. MediCo is aware of the problem but feels that it would be cheaper to settle any lawsuits resulting from the negligence that it would be to recall the drugs. Further, the pharmacy has fielded several complaints from customers who wanted Plasmium but got penicillin instead yet, the pharmacy continues to sell the Plasmuim without inspecting it first. Reggie, who is highly allergic to penicillin, has an adverse reaction to the drug and has to be rushed to the hospital. Reggie will be able to recover against the pharmacy but not against MediCo:
True
False
MediCo is a very well known pharmaceutical company that, for several years, has been producing Plasmium, a drug that helps people with high blood pressure by thinning their blood. MediCo distributes the drug to doctors and pharmacies who then sell the drug to the public. Reggie has heart trouble and goes to the local pharmacy to pick up a bottle of Plasmium. Unfortunately, MediCo has negligently filled several bottles labeled “Plasmium” with penicillin. MediCo has no idea that it has made this mistake. However, the pharmacy has fielded several complaints from customers who wanted Plasmium but got penicillin instead, yet the pharmacy continues to sell the Plasmuim without inspecting it first. Reggie, who is highly allergic to penicillin, has an adverse reaction to the drug and has to be rushed to the hospital. Reggie will be able to recover against the pharmacy but not against MediCo:
True
False
If a plaintiff is injured by a poorly manufactured product and he can prove that the product was defective, that the defect was caused by the manufacturer and that the defective product caused his harm, the plaintiff will be able to recover for:
Choice 1 Intentional tort
Choice 2 Negligence
Choice 3 Strict liability
Choice 4 No recovery

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