Which of the following arises when a consumer knows that a defect exists but still proceeds unreasonably to make use of the product,

Which of the following is true regarding damages that may be recovered in negligence-based product liability cases if proven? 
A. Only compensatory damages may be recovered.
B. Only punitive damages may be recovered.
C. Both compensatory damages and punitive damages may be recovered.
D. Compensatory damages, punitive damages, and administrative damages may be recovered.
E. Compensatory damages, punitive damages, administrative damages, and manufacturing damages may be recovered.

Damages that are recoverable in negligence-based product liability cases are the same as those in any action based on negligence: compensatory damages and punitive damages.

Which of the following is true regarding punitive damages in product liability cases? 
A. They are not available in product liability actions.
B. The amount of the punitive-damage award is determined by the wealth of the defendant only.
C. The amount of the punitive-damage award is determined by the maliciousness of the action only.
D. The amount of the punitive-damage award is determined by the wealth of the defendant and also by the maliciousness of the action.
E. Punitive damages are meant to compensate the plaintiff for injury and to make the plaintiff whole.

Punitive damages are meant to punish the defendant for extremely harmful conduct. The amount of the punitive-damage award is determined by the wealth of the defendant and the maliciousness of the action.

Which of the following is true regarding defenses to negligence-based product liability actions? 
A. A defendant may only rely upon contributory negligence.
B. A defendant may only rely upon comparative negligence.
C. A defendant may only rely upon modified comparative negligence.
D. A defendant may rely upon the defense of contributory, comparative, or modified comparative negligence, depending upon which defense is accepted by the state where the case arose.
E. A defendant may not rely upon contributory, comparative, or modified comparative negligence because no defenses are available in such a lawsuit. The only issue will be the amount of damage.

A common defense is that the plaintiff's own failure to act reasonably contributed to the plaintiff's own harm. This negligence on the part of the plaintiff allows the defendant to raise the defense of contributory, comparative, or modified comparative negligence, depending on which defense is accepted by the state where the case arose.

Which of the following arises when a consumer knows that a defect exists but still proceeds unreasonably to make use of the product, creating a situation where the consumer has voluntarily assumed the risk of injury from the defect and thus cannot recover? 
A. Assumption of the risk.
B. Pure comparative fault.
C. Contributory negligence.
D. Last-clear-chance.
E. Strict behavior.

Assumption of the risk arises when a consumer knows that a defect exists but still proceeds unreasonably to make use of the product, creating a situation in which the consumer has voluntarily assumed the risk of injury from the defect and thus cannot recover.

Which of the following defenses is an argument that harm was caused not by the defendant's negligence but by the plaintiff's failure to properly use the product? 
A. Assumption of the risk.
B. Product misuse.
C. Pure comparative fault.
D. Last-clear-chance.
E. Misapplication.

When a defendant raises the defense of product misuse, the defendant is really arguing that the harm was caused not by the defendant's negligence but by the plaintiff's failure to properly use the product.