Torts Keyed to Epsteinback
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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
A shopper shopped around for the lowest price on a new compact disc player. He decided to buy one from a very large dealer. The CD player is manufactured by a very reputable electronics manufacturer. Excited with his purchase, the shopper rushed home to use it. On the way home, the bus the shopper had taken was stuck in a terrible traffic jam for more than two hours. Luckily, the shopper had something to read, the CD player’s instruction manual, which he read carefully seven times. When he finally got home, the shopper carefully connected the CD player to his stereo. When he turned it on, he received severe burns on his right hand. The manufacturer had pointed the laser beams in the wrong direction, and this mistake caused the burns.
If the shopper brings suit against the manufacturer based on strict liability in tort, will the shopper recover?CorrectIncorrect
A buyer purchased a brand new car, manufactured by a manufacturing company, from a car dealership. The car was sold as part of a year-end promotion that excluded dealer preparation. The buyer took the car to a service station that performed the preparation. The sales contract provided a thirty-day warranty for parts and labor. Thirty-seven days after purchasing the car, the buyer and his wife were driving along a freeway when the car stalled. The buyer managed to push the car to the side of the road. Since the buyer had no knowledge of car mechanics and the wife did, the wife checked under the hood.
The service station forgot to install a gas filter and the gas line was clogged up. The wife repaired the car. She left the hood open while the buyer started the car to make sure all was well. The car started, but a blade from the fan flew out and hit the wife in the face. The blade was defectively manufactured by the manufacturing company. If the wife makes a claim against the manufacturing company for damages based on strict liability, she will probably:CorrectIncorrect
A buyer purchased an auto from a car dealership. The car was manufactured by a car manufacturing company. The buyer ordered an option called “ultimate cruise,” which regulated the car’s speed and was set by the driver. Ultimate cruise, manufactured by a cruise control manufacturing company works by automatically controlling the gas pedal and brakes to keep a constant speed. The brakes were manufactured by a brakes manufacturing company. The gas pedal system was manufactured by a gas pedal manufacturing company.
A week or two after the buyer bought his car, he decided to go for a long drive with his family. He drove out to the country, where, for the first time, he was able to use the “ultimate cruise.” The buyer did not know that there was a malfunction in the system. The “ultimate cruise” signaled the gas pedal to the floor. To prevent the car from going too fast, the brakes were signaled to be used for three hours straight. When approaching a toll plaza, the buyer turned the “ultimate cruise” off and stepped on his brake to stop. Since the linings were completely worn down, the buyer could not stop the car in time, and he slammed into a toll-collecting machine. The buyer, his wife, and his three children all suffered serious injuries. The buyer’s six-year-old son asserted claims against the car, the cruise control, the brakes, and the gas pedal manufacturing companies, based on strict liability in tort.
The buyer’s son should prevail against:CorrectIncorrect