Product Defects Flashcards
Manufacturing Defects (Defined)
When the product does not need the manufacturer’s specifications–creating a flaw the manufacturer did not intend
Manufacturing Defects (Rule and Elements)
Rule: a party injured as a result of a defective product may seek relief against those in the chain of distribution if the defect was a substantial factor in causing the injury
General Elements:
(1) Was manufactured and sold by D
(2) Defects existed at the time the product left the chain of production and marketing
(3) The defect was the direct and proximate cause of the injuries
(a) The harm was a kind that ordinarily occurs as a result of product defects; and
(b) Was not, in this particular case, solely the result of causes other than product defect existing at the time of sale or distribution
Foreign-Natural test
No liability for an object or substance in a food product if it is natural to any of the ingredients in the product
Reasonable expectation test
Liability is limited to what a reasonable consumer would expect from the product
Manufacturing Defect w/ Circumstantial Evidence Only must prove . . .
(1) The injury-causing event was a kind that would ordinarily only result from a defective condition in the food product
(2) The defendant was responsible for a condition that was the cause of the injury
(3) The injury event was not caused by anything other than a food product defect existing at the time of its sale
Design Defects (Defined)
When the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller (or predecessor in the commercial chain of distribution) and the omission of the alternative renders the product not reasonably safe. See Restatement (Third) of Torts.
Unreasonably Dangerous (Defined)
So dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristic
Risk-Utility Test
(1) Usefulness and desirability of the product
(2) Likelihood of injury
(3) The seriousness of potential injury
(4) Availability of a substitute
(5) Manufacturer’s ability to eliminate risk without impairing usefulness
(6) User’s ability to avoid danger by exercising reasonable care
(7) User’s awareness of the dangers because of generally accepted public knowledge about the product
State-of-the-art Defenses
Evaluate the level of relevant scientific, technological, and safety knowledge existing and reasonably feasible at the time of design
Warning Defects
Inadequate instructions or warnings when the foreseeable risks could have been reduced or avoided by the provision of reasonable instructions or warnings, and the omission renders the product not reasonably safe
Warnings After the Time of Sale
1) Knows or reasonably should know of the substantial risk posed
2) Those who might be harmed can reasonably be identified and are unaware
3) A warning can be effectively communicated and acted on
4) The risk is sufficiently great to justify a warning
Learned Intermediary Doctrine (Generally)
A manufacturer is excused from warning each patient when they properly warn the prescribing physician of the dangers
