16) Strict Products Liability Flashcards

1
Q

focus on

A

condition of product that D put into the market

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2
Q

SPL: elements

A

1) proper P
2) proper D
3) proper context
4) defect
5) cause in fact
6) proximate cause
7) damages
8) SPL defenses

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3
Q

proper P: def

A

any P who is a user, consumer, or bystander injured while using a defective product may recover damages from an appropriate D

privity of k not required – dnn to be purchaser

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4
Q

proper D: def

A

commercial suppliers at all levels of the distribution chain and those in the market of selling the product

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5
Q

proper Ds: yes

A

manufacturers
wholesaler
retailer

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6
Q

NOT proper D

A

1) occasional / 1x seller

2) ppl supplying services (ex. optometrist)

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7
Q

proper context: def

A

not services – need a product

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8
Q

proper context: hybrid case

A

which predominates, goods or services?

if product: yes SPL

if services, and product merely incidental, then no SPL

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9
Q

proper context: hybrid case: perm case

A

the product predominated

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10
Q

defect: general def/rule

A

liability wher eproduct is in a defective condition unreasonably dangerous

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11
Q

defects: kinds

A

1) manufacturing
2) design
3) warnings

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12
Q

manufacturing defect: def

A

product manufactured in form not intended by the manufacturer and defect existed at time it left D’s hands

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13
Q

design defect: def

A

product was manufactured as manufacturer intended, BUT still presents danger of PI or property damage to P

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14
Q

design defect: tests

A

1) ordinary consumer expectation

2) risk-utility balancing

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15
Q

design defect: ordinary consumer expectation: test

A

a product is defective when it is more dangerous than would be contemplated by the ordinary consumer who purchases it, w the ordinary knowledge common to the community as to its chs

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16
Q

design defect: risk-utility balancing test

A

product is defective if jury determines that the danger it threatens (cost in human injury + property damage) outweighs its utility to society

balance:
likelihood / nature / potential severity of injuries

vs

usefulness
consider availability, cost, impact of safer alternative designs

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17
Q

“state of the art”

A

no safer alternative designs exist

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18
Q

risk-utility balancing test – when is the product defective?

A

if an alternative design could have reduced the danger at about the same cost

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19
Q

defective design: exceptions

A

extraordinary social utility + no alternative design

20
Q

defective design: exception: results

A

can’t be found defective design (but could still find manufacturing defect or warning defect)

21
Q

defective design: exceptions: examples

A

vaccines
rx drugs
med devices

22
Q

defective warning: kinds

A

1) inadequate warning

2) failure to warn

23
Q

inadequate warning: test

A

does the warning reasonably inform the foreseeable user of significant risks?

24
Q

inadequate warning: factors to consider

A

language
placement
font size
who’s foreseeable user?

25
failure to warn: test
manufacturer has to warn about significant risks of which it knows or shoudl hav eknown consider: gravity + probability of harm
26
warnings: liability in the chain
yes! still SPL so ok if the retailer who didn't put the warning on there can make the claim
27
SPL: cause in fact
same (MLTN that but-for or SF) general rule: usually prove causation by showing the defect that injured P was in existence at the tie it left D's control
28
SPL: proximate cause
same rule -- look for intervening forces that are highly culpable, highly unforeseeable, and therefore superceding
29
SPL: proximate cause: example
sometimes someone lower down the chain can be a superceding cause (like parents allowing kid to access rat poison)
30
SPL: PC: learned intermediary doctrine: rule
if manufacturer provides warning to a dr, can expect that dr will pass it on to pt. If dr does not, then dr is the superseding cause
31
SPL: damages: rule
only recoverable when: 1) injury to a person, or 2) property damage OTHER THAN TO THE PRODUCT ITSELF
32
SPL: damages: if harm is only to the produt itself
only claim P can make is breach of warranty (not SPL, ni negligence)
33
SPL: defenses: list
1) misuse 2) alteration 3) assumption of risk
34
defense: misuse: def
if P uses product in manner that is NEITHER INTENDED NOR FORESEEABLE, then has misused product and cannot recover
35
defense: alteration: def
where 3rd person unforeseeably + substantially alters product, no liability for D
36
defense: alteration: "alter" def
changes in design, formula, function, etc
37
assumption of risk in SPL rule
just like in regular SL, comparative fault is no defense -- only assumption of the risk
38
RIL is only for
negligence + breach
39
negligence product liability: who can sue?
any foreseeable P
40
negligence product liability: proving breach
consider conduct of each D, was it reasonable? | unlike SPL focus is on the person not the product
41
negligence product liability: RIL
can work instead of manufacturing defect
42
neglifence product liability: defenses
same as any other negligence action
43
breach of warranty claims: 2 kinds of warranties
1) express | 2) implied
44
express warranty: def
D made a representation re nature or quality of product (that becomes basis of transaction) (can be seller at any level)
45
implied warranty: def
if merchant -- implied warranty that the goods are of average quality for goods of taht kind + generally fit for purpose that these goods are normally used
46
implied warranty: exceptions
1) problems w privity or notice | 2) if warranty was disclaimed