Chapter 7

Question 1

When is the owner of a domestic animal liable?

Answer 1

If they knew the animal was dangerous or had a propensity to harm others

Question 2

Product liability

Answer 2

Manufacturers are liable for defective products

Question 3

Privity of contract is not required

Answer 3

Even if the person who is harmed wasn’t the one who bought the product they can still sue

Question 4

Requirements for strict product liability

Answer 4

1. Must be defective when sold
2. The defendant must normally be engaged in the business of selling that product
3. Must be unreasonably dangerous bc of its defectiveness
4. Plaintiff must have undergone physical harm
5. The defectiveness must be the proximate cause of the injury
6. The goods must not have been substantially changed from the time it was bought

Question 5

Unreasonably dangerous product

Answer 5

1. The product was dangerous beyond the expectation of the ordinary customer
2. A less dangerous alternative was economically feasible for the manufacturer but they failed to produce it

Question 6

Product defects

Answer 6

Manufacturing defects
Design defects
Inadequate warnings

Question 7

Market share liability

Answer 7

A court can hold each manufacture responsible for a percentage of the plaintiffs damages that is equal to the percentage of its market share

Question 8

Defenses to product liability

Answer 8

Preemption- the gov. Was supposed to regulate it 
Assumption of risk 
Product misuse 
Comparative negligence 
Commonly known dangers 
Knowledgable user

Question 9

Tolled

Answer 9

Temporary suspension of the running of a prescribed period

For instance, a statute of limitations may be tolled until the party suffering the injury has discovered it

Question 10

Statute of limitations of product liability

Answer 10

2-4 years

Question 11

Statutes of repose

Answer 11

A statute of limitations that is not dependent on the happening of a cause of action.
Generally begin to run at an earlier date and run for a longer period of time than statutes of limitations
- outer time limits on product liability

Question 12

Strict liability

Answer 12

The owner or manufacturer is liable for their property, animals, or products that cause harm to others