Chapter 7 Flashcards
Strict/absolute liability
Liability without fault; held responsible no matter how careful you are
What 3 things can fall under strict liability?
- Abnormally dangerous activities
- Wild animals
- Product liability
Abnormally dangerous activities
Activities that are mildly dangerous, like demolition or explosions :3
Wild animals
Domesticating a wild animal, like a tiger or wolf
Product liability
Goods that don’t work and/or hurt others
Manufacturers and sellers have an obligation to…
Make sure their final products are safe and functional
What are the 3 theories of product liability?
- Negligence
- Misrepresentation
- Strict liability
Negligence (in product liability)
Failing to ensure the product is of its upmost quality
Can someone injured by a defective product sue even if they didn’t buy that product in question?
Yes
Misrepresentation (in product liability)
Intentionally decieving/lying about a product
Privity of Contract
The relationship between the buyer and seller in a contract
Is a privity of contract required for a product liability action based on negligence?
No
Who is held liable in Strict Product Liability?
Manufacturers are held liable for their goods
Manufacturing defect
When the product doesn’t work/look as it’s supposed to
Product quality didn’t deliver
Design defect
When an injury resulted from faulty product design
The plaintiff can assert a successful design defect if…
An alternate design of the product exists, and would’ve prevented the plaintiff’s injury had that design been used instead
An unreasonably dangerous product has to be…
Defective to the point of threatening a consumer’s health and safety
How can manufacturing defects happen?
If the manufacturer fails to ensure the product’s quality adequately
Market share liability is shared among…
All firms involved with a defective product
In other words, sharing the blame
Preemption
A successful defense raised by defendants in recent years
Do government regulation preempt claims for product liability?
Yes
Product misuse
Plaintiff got hurt because they didn’t use the product as intended
If the manufacturers know misuse can be a foreseeable problem…
They must put warnings/disclaimers on their product
Manufacturers don’t need a warning for _____, since the dangers associated with certain products are common knowledge
Commonly known dangers
Courts in many jurisdictions considers the actions of…
Both the plaintiff and defendant when apportioning liability and damages
(Comparative negligence)
Professionals who should know the dangers of certain things a regular person wouldn’t know are called…
Knowledgeable users
The injured party must bring a product liability claim within…
2 to 4 years
