Product Liability Flashcards
Product Liability/Strict Liability Prima Facie
To establish a prima facie case for products liability based on strict liability, the following elements must be proved: Defendant is a merchant, product is defective that is unreasonable dangerous or fails to provide adequate warnings, product is not substantially altered since leaving defendant’s control, and plaintiff used the product in a foreseeable manner. [Plaintiff cannot recover solely for economic losses.]
Product Liability/Negligence Prima Facie
To establish a prima facie case for products liability based on negligence, the following elements must be proved: the existence of a duty to conform to a specific standard of conduct, breach of that duty, the breach of that duty was the actual and proximate cause of plaintiff’s injury, and damage to the plaintiff’s person or property. [Plaintiff cannot recover solely for economic losses.]
Product Liability/Negligence Merchant Duty
Each merchant in the stream of commerce owes a duty to all foreseeable product users and bystanders, to provide a safe product.
Product Liability/Negligence Merchant Breach Duty
A merchant breaches that duty when his actions lead to supplying a defective product. He fails to inspect or he knew or should have known enough facts about the dangers of the product to put a reasonable manufacturer on notice.
Product Liability/Negligence Unforeseeable Risks
Merchant is not liable for risks that were unforeseeable at the time the product was marketed.
Product Liability/Negligence Actual and Proximate Cause
Foreseeability is the measuring stick for proximate cause. For direct causes, defendant is liable, if plaintiff’s injury is the direct foreseeable consequences of defendant’s negligent conduct. For indirect/intervening causes, when contributing acts occur between defendant’s conduct and plaintiff’s injuries, defendant is usually liable if the injury could have possibly resulted even without the intervening forces.
Product Liability/Merchant Define
A merchant is a person who routinely deals in the product sold. A manufacturer, distributor, and supplier is a merchant.
