As Recognized by the Court in Sperry-New Holland V

question 36

Multiple Choice

As recognized by the court in Sperry-New Holland v. John Paul Prestage and Pam Prestage, which of the following is true regarding the consumer expectations test for product defect?

• A) That if the plaintiff, applying the knowledge of an ordinary consumer, sees the danger and can appreciate that danger, then he cannot recover for any injury resulting from that appreciated danger.
• B) That a plaintiff cannot recover if a reasonable person would conclude that the danger in fact of the product, whether foreseeable or not, outweighs the utility of the product.
• C) That a plaintiff may only recover if the plaintiff was the purchaser of the product causing injury.
• D) That a plaintiff may only recover if consumer oriented household goods are involved.
• E) That a plaintiff may only recover if the plaintiff reasonably expected the manufacturer to have insurance, that the manufacturer did have insurance of the type to cover the injury at issue, and that the plaintiff had no part in causing the injury.

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Definitions:

Cohabiting Couple

A couple who live together and share a domestic life without being legally married.

Mother

A female parent or guardian who has raised a child through birth or adoption, providing care, love, and guidance.

Widows

Women whose spouses have died and who have not remarried.

Remarriage

The act of marrying again after being divorced or widowed, entering into a subsequent marriage following the end of a previous one.