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:
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| 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:
|
| 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:
|
| 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:
|
| 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:
|
| 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:
|
| 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:
|
| 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:
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| 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:
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