Product Liability Flashcards
Design Defects
Unreasonably unsafe and could have been avoided, blueprint defect, dangerous from the start, keep in mind foreseeable risks
Manufacturing Defects
Occur when it is made incorrectly but designed right, causes unreasonably unsafe defect
Labeling/Warranty Defect
Fail to let people know the potential dangers of using the product, insufficient instructions or warnings, danger could have been avoided with warning, keep in mind characteristics of user group (adults vs. children)
Contract Theory
Breach of warranties, didn’t live up to descriptions
Negligence
Failure to use reasonable care in producing a product
Misrepresentation
Mislabels, conceals a material fact, buyer reasonably relies, injury caused
Strict Liability
UCC standard, liable for defects when the product is defective/ not fit for ordinary purpose
Elements of Product Liability Case
1)Product was in a defective condition at time of sale
2) Defendant is a merchant
3) Product is unreasonably dangerous to the user because of defective condition
4) Product was actual and proximate cause of plaintiff’s injury
5) Damages/ Injury
Defenses to Product Defect
Defend on the elements, Assumption of risk, commonly known danger, misuse, comparative negligence
Defend on the Elements
Not unreasonably unsafe, warnings were adequate, argue against causation
Assumption of Risk
Plaintiff knowingly engaged and knew it was unreasonable
Commonly known danger
Obvious, no warnings needed (ex knife)
Misuse
Plaintiff used product for an unintended purpose, unforeseeable use
Comparative Negligence
Plaintiff is partially at fault, if more than 50% in IA can’t collect damages, only collect damages not responsible for
