Product Liability

Question 1

Product Liability

Answer 1

SL + K theory + negligence; claims can be based on negligence, SL, or breach of warranty; one must prove product is defective

Question 2

3 types of product defects that incur liability in manufacturers and suppliers

Answer 2

PL is generally SL; degree of care of the D: 1. liable when shown that product is defective 2. irrelevant whether manufacturer or supplier exercised great care 3. if a defect in product that causes harm, he or she will be liable for it

Question 3

Types of Defects

Answer 3

manufacturing defects, marketing defect, design defect

Question 4

manufacturing defect

Answer 4

something made improperly

Question 5

Marketing defect

Answer 5

failure to warn

Question 6

design defect

Answer 6

should have been made differently

Question 7

Automobile manufacturers

Answer 7

if something is inherently dangerous and the manufacturer knows there wont be a subsequent inspection after it is put on the market they have duty to make it carefully

Question 8

caveats

Answer 8

have to know that it will be use without another inspection, limited to human beings, P must use product that way it was intended to be used

Question 9

California Rule

Answer 9

SL for products but 4: 1. no subsequent inspection 2. must result in injury to human being 3. assume not misused (intended use) 4. defect for which the P was not aware (AOR)

Question 10

exceptions for SL for products

Answer 10

misuse, AOR, no additional inspection, no SL if no injury to human, sealed container statute (if you receive a sealed container no SL)