1. Question and Answer
Donna M. Kesot, CPCU

2. A wrongful death action is the same
category as a claim for bodily injury
TRUE or FALSE?
Wrongful death damages
vary with the relationship
of the deceased to the
claimant

3. Products liability can be based on
negligence, strict liability, or both.

4. What is the failure to conform to the
standard of care required in the situation?

5. Particular damages/out-of-pocket
damages?
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.

6. 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.

7. Manufacturer duty with inherent
danger
Know degree of danger
Knowledge of danger
Foreseeability of dangerous use
All of the above
All but C.

8. 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 made
Compliance with statutes/regulations No duty to warn
Assumption of risk Not conclusive defense