As Recognized by the Court in Sperry-New Holland V

question 9

Multiple Choice

As recognized by the court in Sperry-New Holland v. John Paul Prestage and Pam Prestage, which of the following is true under the risk-utility analysis of product liability?

• A) That if the plaintiff, applying the knowledge of an ordinary consumer, sees a danger and can appreciate that danger, then he cannot recover for any injury resulting from that appreciated danger.
• B) That a plaintiff must show that a retailer failed to do a proper risk-utility analysis before the plaintiff can recover against the retailer.
• C) That a plaintiff must show that a manufacturer failed to do a proper risk-utility analysis before the plaintiff can recover against the manufacturer.
• D) That a product is unreasonably dangerous if a reasonable person would conclude that the danger-in-fact, whether foreseeable or not, outweighs the utility of product.
• E) That a reasonable person must conclude that the use-in-fact of a product outweighs the risk-utility of the product.

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Definitions:

Crude Oil

A naturally occurring, unrefined petroleum product composed of hydrocarbon deposits and other organic materials that can be refined to produce usable products such as gasoline.

Real Terms

Describes values adjusted for inflation, allowing for the comparison of quantities as if prices had not changed over time.

Downward Trend

A situation in which market prices, economic indicators, or other measured data show a consistent decline over time.

Fracking

Fracking, short for hydraulic fracturing, is a technique used to extract oil and natural gas from the earth by injecting high-pressure fluid into underground rocks.