10/22/13

Question 1

What is negligence?

Answer 1

Everyone owes a duty of care to the rest of the community. If we fall below the duty of care, so long as it was foreseeable, we breached our standard of care and acted negligently

Question 2

With whom does product liability rest?

Answer 2

Normally with manufacturer, could rest with distributor, reseller, etc.

Question 3

What is strict product liability?

Answer 3

Liability without showing fault (e.g. inspection has been done thoroughly but fault could not be found)

Question 4

What are the factors to strict product liability?

Answer 4

1) Product left the seller’s place of business in an unreasonably dangerous or defective condition
2) That condition was the direct cause of your injury
3) You did not alter/modify the product from the time you bought it
4) You can only sue someone who is regularly engaged in the sale of that product (merchant)

Question 5

What are the 3 theories you could sue under?

Answer 5

a) manufacturer’s defect
b) design defect
c) inadequate warning

Question 6

What is a manufacturer’s defect?

Answer 6

Product in question was not made as well as it was intended/expected to be

Question 7

What is a design defect?

Answer 7

At the time when the product was designed/manufactured there existed some reasonable alternative design which would’ve prevented risk of harm

Question 8

What is an inadequate warning?

Answer 8

Defect is the failure to warn; where the use of a product has a sense of awareness/appreciation as to what the danger may be, the manufacturer is not required to label it correctly.