Product Liability

Question 1

Three theories of liability

Answer 1

Negligence, warranty, SL

Question 2

Express warranty

Answer 2

Negligence; company represents something in a way that is not provable to buyer, you can recover if those goods fail

Question 3

Implied warranty

Answer 3

Customer must be made aware of disclaimers

Question 4

Strict product liability

Answer 4

Manufacturing
Design

Question 5

Manufacturing Defect

Answer 5

one bad egg
departs from intended design and is unreasonably dangerous

Defective when sold
Product reached consumer without change
Defect caused injury

Question 6

Design Defect

Answer 6

Risk Utility Test
-Usefulness/Desirable
-Safety, likelihood and seriousness of injury
-Availability of safer alternative product
-Manufacturers ability to make the product safer without impairing function or expense (RAD)
-User’s ability to avoid danger by using care
-General knowledge of product + warnings and instructions
-Manufacturer ability to spread loss by increasing price or insurance

Question 7

Good Bourbon Rule

Answer 7

Just cause danger doesn’t mean unreasonable

Question 8

Warning claim

Answer 8

Must warn of potential risk or danger based on best available science