Chapter 6: product and strict liability Flashcards
Abnormal Misuse of a Product
a defense that relieves a seller of product liability if the user abnormally misused a product
Assumption of the Risk
defendant must prove that:
- plaintiff knew and appreciated the risk
- plaintiff voluntarily assumed the risk
Chain of Distribution
all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction
Comparative Negligence
a doctrine which applies to strict liability actions that says a plaintiff who is contributory negligent for their injuries is responsible for a proportional share of the damage
Consumer Expectation Test
requires a showing that the product is more dangerous than ordinary customer would expect
Contributory Negligence
a defense that says a person who is injured by a defective product but has been negligent and has contributed to their own injuries cannot recover from the defendant
Crashworthiness
a doctrine that says automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person’s body striking something inside the automobile in the case of car accident
Defect in Design
a defect that occurs when a product is improperly designed
Defect in Manufacturer
a defect that occurs when a manufacturers fail to:
- properly assemble product
- properly test product
- adequately check the quality of product
Defect in Packaging
a defect that occurs when a product has been placed in packaging that is insufficiently tamper proof
Failure to Provide Adequate Instruction
a defect that occurs when a manufacturer’s does not provide detailed directions for safe assembly and use of a product
Failure to Warn
a defect that occurs when a manufacturer does not place a warning on the packaging of product that could cause injury if the danger is unknown
Generally Known Dangers
a defense which acknowledges that certain products are inherently dangerous and are known to the general population to be so
Government Contract Defenses
a defense which proves that contractors that manufacturer’s products to government specifications are not usually liable if such a product causes injury
Intentional Misrepresentation (Fraud)
a tort in which a seller or lesser fraudulently misrepresents the quality of a product and a buyer is injured thereby
Liability Without Fault
strict liability
Negligence
a tort related to defective products in which the defendants had breached a duty of due care and caused harm to the plaintiff
Product Defects
something wrong, inadequate, or improper in the manufacture, design, packaging, warning, or instructions about a product
Product Liability
the liability of manufacturers, sellers, and others for the injuries, caused by defective products
Punitive Damages
monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff
money
Risk-Utility Analysis
where court considers gravity of danger posed; likelihood of another injury, availability and cost of producing another safer design, social utility of product, and other factors
Statute of Limitations
a statute that requires an injured person to bring an action within a certain number of year from the time that they were injured by a defective product
Statute of Repose
a statute that limits the seller’s liability to a certain number of years from the date when the product was first sold
Strict Liability
a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and other in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of a fault
Supervening Event
an alteration or modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability
