Understanding Product Liability

What is the primary area of law that product liability falls under?

• Property law

• Criminal law

• Tort law

• Contract law

Which entities are responsible for product liability?

• Only the retailer

• Manufacturer, distributor, wholesaler, and retailer

• Only the manufacturer

• Only the distributor and wholesaler

What must be proven to establish a design defect?

• The product is more dangerous than expected due to its design

• The product is inherently dangerous

• The product failed to include a safety mechanism

• The product did not come with instructions

What is a manufacturing defect?

• A mistake in the product's marketing

• A failure to warn consumers about the product's risks

• A flaw in the product's concept

• An error during the product's assembly or production

What does 'failure to warn' refer to in product liability?

• Not warning about the inherent risks of the product

• Not instructing on how to use the product safely

• Not providing safety equipment with the product

• Not listing the product's ingredients or materials

What does the implied warranty of merchantability guarantee?

• That the product will perform as reasonably expected

• That the product is the best in its category

• That the product will last a lifetime

• That the product comes with a money-back guarantee

What is the significance of 'breach of warranty' in product liability?

• It deals with the seller's failure to provide a receipt

• It is about a product being sold without a warranty

• It applies when a product fails to meet public standards

• It concerns a product's failure to match its description or purpose

What is required for liability to accrue in cases of defective design or failure to warn?

• Some level of negligence or fault

• Proof of strict liability

• A manufacturing defect

• Evidence of a breach of warranty

In which case is a manufacturer strictly liable for damages?

• When the product's design is inherently dangerous

• When there is a defect in the product that causes harm

• When the product is used incorrectly by the consumer

• When the product does not come with a warranty

What does strict liability mean in the context of product liability?

• Liability only applies if there was intentional harm

• Liability applies even if the manufacturer was not at fault

• The manufacturer is always at fault

• The retailer is solely responsible for damages