Chapter 7 Flashcards
What is product liability negligence?
Manufacturers failure to exercise reasonable standard of care.
What is due care in product liability negligence?
Exercised in design, production, process, assembling, testing, adequate inspection.
What must be shown by plaintiffs in product liability?
Cause in fact and proximate cause, plaintiff shows defendants conduct, cause in fact of injury, and proximate clause of injury.
What is strict liability negligence?
Duty, breach, causation, harm, reasonable person standard. Strict liability: liability regardless of fault.
What are abnormally dangerous activities in strict liability?
Ultra-hazardous or abnormally dangerous activities. Involve serious potential harm, cannot be made safe regardless of care and not commonly performed in community or area.
What is strict product liability?
Money maker should bear risk. People cannot know about all products.
What are the requirements for strict product liability?
Defective condition, business of selling, unreasonably dangerous, physically harmed, proximate cause, same condition not altered.
What makes a product unreasonably dangerous in strict liability?
Must have a design defect, manufacturer defect, warning defect.
What makes something a strict liability manufacturing defect?
Departs from its intended design. Quality control, due care failure in the manufacturer, assembly, or testing of the product.
What makes something a strict product liability design defect?
Product is unreasonably dangerous as designed. Could be manufactured perfectly.
What makes something a strict product liability with inadequate warnings?
Defective based on inadequate warnings or instructions. Foreseeable misuses, content of warnings must adequately alert products risks, not duty to warn of obvious risks.
What makes something a strict product liability market-share liability?
Liability when multiple defendants contributed to manufacture of same defective product.
Strict liability also applies to _________ of component parts. Anyone in the ______________.
Suppliers, supply chain
What is the preemption defense to product liability?
Preemption, government regulations preempt claims for product liability.
What is the assumption of risk defense to product liability?
Plaintiff knew the risk created by the alleged product defect and plaintiff voluntary assumed the risk even when expected to do so.
