Wednesday, November 6, 2019

Following the case of MacPherson v. Buick Motor Company, any ______ plaintiff can sue a manufacturer for its breach of duty of care.

Following the case of MacPherson v. Buick Motor Company, any ______ plaintiff can sue a manufacturer for its breach of duty of care. 
A. contracting
B. adult
C. unforeseeable
D. foreseeable
E. believable
Following MacPherson, any foreseeable plaintiff can sue a manufacturer for its breach of duty of care.

Which of the following may be sued in product liability actions? 
A. Retailers, wholesalers, and manufacturers.
B. Retailers and wholesalers but not manufacturers.
C. Wholesalers and manufacturers but not retailers.
D. Retailers and manufacturers but not wholesalers.
E. None of the above.
Foreseeable plaintiffs can bring a case against retailers, wholesalers, and manufacturers.

Which of the following are considered foreseeable plaintiffs in product liability cases? 
A. Users and consumers but not bystanders.
B. Users, consumers and bystanders.
C. Users but not consumers or bystanders.
D. The purchaser only.
E. The purchaser and the purchaser's immediate family only.
Foreseeable plaintiffs include users, consumers, and bystanders.

Which of the following do courts often consider in determining whether a manufacturer was negligent in failing to warn? 
A. The likelihood of the injury only.
B. The seriousness of the injury only.
C. The ease of warning only.
D. The likelihood of the injury and the seriousness of the injury but not the ease of warning.
E. The likelihood of the injury, the seriousness of the injury and the ease of warning.
Courts often consider the likelihood of the injury, the seriousness of the injury, and the ease of warning when deciding whether a manufacturer was negligent in failing to warn.

As of the date of text publication, what was the status of the lawsuit Pelman v. McDonald's, the case in which the plaintiffs asserted that McDonald's engaged in a scheme of deceptive advertising that in effect created the impression that McDonald's food products were nutritionally beneficial and part of a healthy lifestyle? 
A. The case was dismissed and plaintiffs are appealing.
B. The case settled.
C. The judge had refused to dismiss the plaintiffs' claims, and the case is moving forward.
D. The judge ruled that only minor plaintiffs could sue.
E. The judge ruled that only plaintiffs who could prove that they had eaten a sufficient amount of food at McDonald's could sue.
The judge refused to dismiss the plaintiffs' claims, and the case was moving forward as a class action.

Which of the following is true regarding the application of negligence per se in product liability cases based on negligence? 
A. The doctrine of negligence per se is also applicable to product liability cases based on negligence.
B. The doctrine of negligence per se is applicable to product liability cases only if they are based on failure to warn.
C. The doctrine of negligence per se is applicable to product liability cases only if the cases are based on design defect.
D. The doctrine of negligence per se is applicable to product liability cases only if the cases are based on manufacturing defect.
E. The doctrine of negligence per se is never available in product liability cases.
Negligence per se is applicable to product liability cases based on negligence. When a law establishes labeling, design, or content requirements for products, the manufacturer has a duty to meet these requirements.

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