7. Donald purchased a Monroe Company hairdryer. One day while Donald was using the hairdryer, he accidentally dropped it in the sink full of water. Donald is electrocuted when he reached into the water to retrieve the hairdryer. Although most hairdryer manufacturers included an automatic shutoff to guard against such accidents, the Monroe Company's hairdryers did not include such a safety feature. What type of defect should Donald's family claim when they file a product liability lawsuit against Monroe?

a. Warning defect.

b. Manufacturing defect.

c. Design defect.

Why?

8. Mr. Simpson buys some scented Styrofoam fruit as a gift to his wife. The fruit looks so real you can hardly tell it is not the real thing. The Simpson's three-year old daughter, Dinah, notices the scented fruit and starts eating it. Almost immediately, she becomes violently ill. It turns out the scented Styrofoam contains a chemical which is harmful if ingested. If Mr. Simpson sues the fruit manufacturer and wins, it is probably due to:

a. a manufacturing defect.

b. a failure to warn.

c. a misrepresentation.

d. both a and b are good claims.

9. Nancy bought a new product called Leg Hair Away. She bought the product to use to remove the dark hair that was growing on her upper lip. The bottle was clearly marked: USE ONLY ON YOUR LEGS. DO NOT USE ON YOUR FACE. PRODUCT COULD HARM SENSITIVE SKIN. USE ONLY AS DIRECTED. Nancy read the label and decided to take the chance and put the product on her upper lip. Nancy's hair went away from her upper lip, but the product damaged her sensitive facial skin. She ended up with tiny scabs all around her mouth and looked worse than ever. If she sues Leg Hair Away, what defense(s) will the manufacturers be able to assert successfully?

a. Assumption of the risk.

b. Misuse.

c. Both a and b.

d. None of the above

Why?

10. Market share liability theory would be most appropriate in which of the following:

a. a consumer purchases a toaster from Wal-Mart and is injured by the toaster three weeks later when it explodes.

b. a consumer purchases a prescription pain-killer and realizes three weeks later that the pain-killer has caused partial paralysis in her legs.

c. a consumer purchases a prescription pain-killer and realizes thirty years later that the pain-killer has caused partial paralysis in her legs.

d. both b and c.

Why?