Product Liability

Question 1

Possible causes of action

Answer 1

(1) Negligence
(2) Breach of Warranty
(3) Strict Product Liability

Question 2

Breach of Warranty

Answer 2

Warranties can be express and/or implied.
Implied Warranty of Merchantability: The product is of a quality equal to a generally acceptable standard and fit for ordinary purpose.
Implied Warranty of Fitness for Particular Purpose: The seller knew or should have known of a particular purpose for which the goods are sold and that the buyer relied on the seller’s skill or judgment to furnish the goods.

Question 3

Strict Product Liability

Answer 3

The product left the manufacturer in a defective condition and was then sold by a commercial seller. A foreseeable user used the product for the intended purpose. The condition of the product was unchanged from the original.
Design Defect: A product has a design defect when all products of the line have dangerous characteristics because of mechanical features, packaging.
Manufacturing Defect: A product has a manufacturing defect when it varies from the other products in the manufacturing process and is dangerous beyond the expectation of the ordinary consumer.

Question 4

Failure to Warn (PUT UNDER DEFINITION OF STRICT PRODUCT LIABILITY)

Answer 4

Florida allows consumers harmed by products that did not adequately warn of the possibility of danger to take legal action

Question 5

Defense to strict product liability

Answer 5

Assumption of the risk

Question 6

Defense to Negligence

Answer 6

Modified comparative negligence

Question 7

Misrepresentation

Answer 7

Intentional: Defendant intentionally misrepresented something to induce reliance of a material fact.
Negligent: Defendant negligently failed to inform plaintiff of something that induced plaintiff’s reliance and caused damages.