PVL3704 CERTIFICATION EVALUATION
ACTUAL QUESTIONS AND ANSWERS FULL
SOLUTION VERIFIED SUCCESS
●● What are the three legal claims that a products liability case can be
brought?
Answer: 1. Negligence
2. Strict Liability
3. Implied warranty of merchantability/express warranty
●● when can a company be liable for defective design?
Answer: if that product was manufactured without an available feature
that would have prevented a reasonably foreseeable risk associated with
the product's use
●● can you use comparative negligence as a defense?
Answer: A defendant cannot use COMPARATIVE NEGLIGENCE as a
defense when the type of harm that occurred is the EXACT harm the
product should have been designed to avoid/mitigate
●● Why is expert testimony important in products liability cases?
,Answer: Experts help establish key technical facts, such as how a
product failed and what safety features were available or declined by
manufacturer
●● What are the five elements a plaintiff must establish in any products
liability claim for negligence?
Answer: 1. Seller owed a duty to P
2. Seller breached that duty
3. Breach was a cause in fact of the injury
4. Cause in fact was a proximate cause of the injury
5. Damages are recoverable in negligence
●● Which element of negligence involves a legal analysis and which
involves a fact analysis?
Answer: Duty = legal analysis (reasonability analysis)
Breach = fact analysis
●● At what stages of the production process can negligence occur in a
products liability claim?
Answer: Any stage in the design, manufacturing, or marketing process
●● How does the degree of care required relate to the foreseeability of
risks in a negligence products liability claim?
, Answer: Degree of care required varies with the severity of risks.
Manufacturers must take greater action because they pose greater risks.
●● What standard of care should you use in exam for negligence in
products liability?
Answer: the reasonable manufacturer standard
●● What is the Privity Obstacle in products liability?
Answer: When a consumer deals with a retailer and not the
manufacturer, the contractual relationship is between consumer and
retailer; the manufacturer is not a party
●● what is the rule that replaced the privity requirement?
Answer: any foreseeable user can sue a manufacturer regardless of
existence of a contract.
●● What is the jury's role in making inferences in products cases?
Answer: The jury is allowed to make "reasonable inferences" even if
some speculation is required
●● How does reasonability analysis work for juries?
Answer: Jury gets to decide how foreseeable risks are and whether it
was reasonable to take/not take action to address those risks
ACTUAL QUESTIONS AND ANSWERS FULL
SOLUTION VERIFIED SUCCESS
●● What are the three legal claims that a products liability case can be
brought?
Answer: 1. Negligence
2. Strict Liability
3. Implied warranty of merchantability/express warranty
●● when can a company be liable for defective design?
Answer: if that product was manufactured without an available feature
that would have prevented a reasonably foreseeable risk associated with
the product's use
●● can you use comparative negligence as a defense?
Answer: A defendant cannot use COMPARATIVE NEGLIGENCE as a
defense when the type of harm that occurred is the EXACT harm the
product should have been designed to avoid/mitigate
●● Why is expert testimony important in products liability cases?
,Answer: Experts help establish key technical facts, such as how a
product failed and what safety features were available or declined by
manufacturer
●● What are the five elements a plaintiff must establish in any products
liability claim for negligence?
Answer: 1. Seller owed a duty to P
2. Seller breached that duty
3. Breach was a cause in fact of the injury
4. Cause in fact was a proximate cause of the injury
5. Damages are recoverable in negligence
●● Which element of negligence involves a legal analysis and which
involves a fact analysis?
Answer: Duty = legal analysis (reasonability analysis)
Breach = fact analysis
●● At what stages of the production process can negligence occur in a
products liability claim?
Answer: Any stage in the design, manufacturing, or marketing process
●● How does the degree of care required relate to the foreseeability of
risks in a negligence products liability claim?
, Answer: Degree of care required varies with the severity of risks.
Manufacturers must take greater action because they pose greater risks.
●● What standard of care should you use in exam for negligence in
products liability?
Answer: the reasonable manufacturer standard
●● What is the Privity Obstacle in products liability?
Answer: When a consumer deals with a retailer and not the
manufacturer, the contractual relationship is between consumer and
retailer; the manufacturer is not a party
●● what is the rule that replaced the privity requirement?
Answer: any foreseeable user can sue a manufacturer regardless of
existence of a contract.
●● What is the jury's role in making inferences in products cases?
Answer: The jury is allowed to make "reasonable inferences" even if
some speculation is required
●● How does reasonability analysis work for juries?
Answer: Jury gets to decide how foreseeable risks are and whether it
was reasonable to take/not take action to address those risks
