Injury Equals Defect
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
19434_hymn_hands_stimulator · TORTS · Choice AYes, because Lydia was injured by the exact risk described in the warning.
Why it's attractive
The student sees that the harm matched the warning and treats injury as the missing puzzle piece. The breaker is that injury proves damage, while the call asks whether the warning duty was breached.
Why it's wrong
This choice proves injury by the warned-of risk, not failure to warn.
Spot it next time
Name the missing element: warning defect or warning audience.
19434_hymn_hands_stimulator · TORTS · Choice BNo, because prescription medical devices are exempt from all products liability claims.
Why it's attractive
The student overcorrects for the special status of prescription products and converts a special warning rule into total immunity. The breaker is the word all, which overstates the result and dodges the actual warning-duty reason.
Why it's wrong
This choice overclaims by saying prescription medical devices are exempt from all products liability claims.
Spot it next time
Mark the word all and ask whether the result is narrower.
19434_hymn_hands_stimulator · TORTS · Choice CYes, because makers of prescription medical devices must always warn patients directly.
Why it's attractive
The student hears patient safety and assumes direct warning is always required. The breaker is the Gold Key: in this jurisdiction the prescribing physician can be the warning audience.
Why it's wrong
This choice overclaims by saying direct patient warning is always required despite the learned-intermediary rule.
Spot it next time
Apply the learned-intermediary distinction.
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