O Chapter 5 Product Liability Flashcards
Product Liability
Liability for physical/property harm caused by goods to a consumer ( old law ) and any user or bystander ( modern law) Product Liability Claim may be based on one of 3 approaches
Negligence
Misrepresentation ( Fraud )
Strict Product Liability
Strict Product Liability
Strict Liability = no need to prove carelessness or intent…automatically at fault once harm shown under right conditions.
Risk-Utility Test
is often applied. Risk of harm from designed product vs. Its utility to user/public
Consumer-Expectation Test
Did product fail to perform in a manner reasonably expected by an ordinary consumer?
Market Share Liability
Often plaintiff needs to show harm caused by a specific defendant but, increasingly, courts are allowing market share liability to be used. Here, liability is calculated in proportion to different possible defendant’s market share.
Defenses to Product Liability
Preemption Assumption of Risk Product Misuse Comparative Negligence Commonly Known Dangers Knowledgeable User Statute of Limitations and Repose
Preemption
Gov is already in process of regulating product or process and this process takes time so nobody can sue right now for that harm.
Assumption of Risk
Plaintiff knew and appreciated risk and voluntarily assumed that risk.
Product Misuse
User use was not reasonably foreseeable ( if foreseeable must warn)
Comparative Negligence
(NY) Reduce liability by proportion of plaintiff fault
Commonly Known Dangers
Any reasonable person would know the danger
Knowledgeable User
Particular harm should be known by a particular user
Statute of Limitations and Repose
Time limit from date of discovery or should have discovered ( Statute of Limitations) but in any event max time from date of sale or manufacture ( Statute of Repose) NY must bring within 3 years of the date of injury
