ND Bar Practice Questions - North Dakota Bar Examination Exam

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A manufacturer sells a power tool with a hidden design defect that injures a consumer during ordinary use. The consumer sues in strict products liability. The plaintiff must generally show that:

The manufacturer intended to harm the consumer The consumer was in privity of contract with the manufacturer The product was defective (in manufacture, design, or warning), the defect existed when it left the defendant's control, and it caused injury during a foreseeable use The manufacturer was negligent in inspecting the product

Correct Answer:

The product was defective (in manufacture, design, or warning), the defect existed when it left the defendant's control, and it caused injury during a foreseeable use

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