Torts Keyed to Epsteinback
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A man purchased a large flat screen plasma television and decided to mount it on the ceiling over his bed. The manual that came with the product included detailed instructions and illustrations on how to mount the television on different types of walls, along with all the required hardware, but contained neither instructions nor warnings regarding mounting on the ceiling. The man carefully followed the wall-mounting instructions and was satisfied that it would hold. In fact, however, the mounting was not appropriate for ceilings. The next night, a woman who was the man’s overnight guest was seriously injured when the television came loose and fell on the bed.
Will the woman prevail in a suit against the company that manufactured the television?CorrectIncorrect
A father purchased the largest model rocket that he could find, hoping to interest his daughter in space engineering. Several days later, the father and daughter went to an open area in a state park to fire the rocket. The father was in such a rush to fire the rocket that he failed to remove the safety key from the launch system. Upon connecting the launch system to the rocket motor, the motor exploded, seriously injuring the father and daughter.
A negligence action was brought on behalf of the daughter against the rocket manufacturer. At trial, evidence shows that the explosion resulted from a manufacturing defect in the motor. Evidence also shows that the motor would not have exploded while they were connecting the launch system if the father had removed the safety key.
Will the daughter recover for her injuries?CorrectIncorrect
Late one night two brothers took the older brother’s new all-terrain vehicle for an off-road test drive on some trails at a county park. A county ordinance intended to protect hikers, bike riders, and horse riders prohibited vehicle traffic on any of the trails. While on a trail, the vehicle’s tires slipped and the vehicle fell down a steep incline. As it fell, it turned over several times, but landed on its tires when it reached the bottom of the incline. However, the vehicle’s roll bar, which was intended to protect passengers in the event the vehicle turned over, collapsed due to some cracks in the welded area of the brace. The older brother was killed in the accident, and the younger brother suffered severe head and back injuries. The younger brother brought a negligence action against the vehicle’s manufacturer. The manufacturer cited as a defense the violation of the county ordinance by the older brother.
Depending on the jurisdiction’s contributory negligence rule, this violation of the ordinance will:CorrectIncorrect
A student purchased a chemistry set from the manufacturer through its website. The set contained printed warnings instructing users to mix the chemicals only according to the formulas provided. Nevertheless, the student combined a variety of chemicals in an attempt to make an adhesive remover. The chemicals he mixed generated toxic fumes, which caused him to suffer lung damage. The student brought a strict liability action against the manufacturer.
If the manufacturer prevails, it will be because:CorrectIncorrect
A business owner is in the business of installing and reconditioning elevators. A statute, enacted for safety reasons, provides that elevators must have a safety device to absorb the impact caused when an elevator travels too fast toward the bottom of a shaft. The business owner regularly purchases this safety device from a retailer. The business owner conducts its own tests on the safety devices.
A company contracted with the business owner to install six new elevators in a tower that the company recently purchased and refurbished. An employee of the company operated the tower’s freight elevator, which was also installed by the business owner and is identical to the other elevators in the building, except that it must be manually operated.
On one occasion, the employee negligently let the elevator drop to the basement at high speed. The safety device, which should have prevented the passengers from being injured, failed. Two passengers suffered serious injuries, as did the employee. The employee would have suffered the same injuries even if the safety device had worked properly, because he had been leaning on the drive shaft. Subsequent tests showed that the metal in the safety device was defective. The business owner had performed these same tests before installing the elevator.
If the passengers bring a tort action based on products liability against the retailer, which of the following will be the most likely result?CorrectIncorrect