A wrongful death action is the samecategory as a claim for bodily injury TRUE or FALSE? Wrongful death damages vary with the relationship of the deceased to the claimant
Products liability can be based onnegligence, strict liability, or both.
What is the failure to conform to thestandard of care required in the situation?
Particular damages/out-of-pocketdamages? Special damages are incurred costs, the real and necessary expenses like hospital and doctor’s bills. Versus General damages (direct and necessary damages) include things like pain and suffering, disfigurements; loss of limb, sight, or hearing; as well as emotional distress.
Elements of negligence Negligence is an unintentional tort. The defendant owns the burden to prove defenses which can include comparative negligence, release and exculpatory clauses, immunity, statutes of limitations and repose, and tortfeasor’s capacity.
Manufacturer duty with inherentdanger Know degree of danger Knowledge of danger Foreseeability of dangerous use All of the above All but C.
Match the manufacturer defense: State of the Art Plaintiff voluntarily took on risk of harm Open & Obvious Danger 3rd parities do not create liability Alteration of product Tied to time the product was madeCompliance with statutes/regulations No duty to warn Assumption of risk Not conclusive defense