Elements for Strict Liability Flashcards
Elements for Strict Liability
1) Defendant is a merchant
2) Product is defective
3) Product was not substantially altered since leaving D’s control
4) P was making FORSEEABLE use of product at time of injury.
What is a merchant?
commercial supplier of product.
Who is barred from strict liability?
1) Causal sellers
2) Services (and products incident to services)
Does their have to be a contractual relationship between P and D for SL?
No! Any FORSEEABLE plaintiff, including bystanders, can sue any commercial supplier in the chain of distribution.
If a question doesn’t indicate a liability theory, what should you use?
Strict liability, it’s easiest to prove.
Manufacturing Defects?
A product that emerges from manufacturing different and more dangerous than its brethren
What must P prove in Manuf. Defect cases?
Product failed to perform as safely as ordinary consumer would assume
In Manuf. defect cases, what must d anticipate?
Reasonable misuse of the product.
What is a design defect?
All products of a line are same but have dangerous propensities.
What is the feasible alternative approach? When is it applied.
Design defect TOL.
P must show D could have made product safer without serious impact on product’s utility or price.
What does non compliance with Government safety standards establish in what htoery?
It establishes it is defective.
What is an information defect?
Product defective because Manuf. failed to give adequate instructions/warnings as to risk involved.
What must adequate instructions warn against?
Risks involved with the product that may not be apparent to users.
In Defect cases, what must P show?
Product not significantly altered since it left D’s control.
How does P show no alterations?
If product moved through normal distribution movements, it will be inferred it wasn’t altered.
