Product Liability

Question 1

Manufacturing Defects Strict Liability

Answer 1

Strict liability imposes liability without proof of negligence or privity contract upon a manufacturer or seller for injury caused by a dangerously defective product.

Question 2

Injured party must present direct or circumstantial evidence for manufacturing defects:

Answer 2

1. The product was in fact a defective condition (unreasonably dangerous for its intended use)
2. the product was defective when it left the DF’s hands/control and
3. The defect was actual and proximate cause of PL’s harm

Question 3

Design Defect Rule

Answer 3

1. A product is in a defective condition when it is unreasonably dangerous to the user or consumer if it is more dangerous than an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.
2. If the benefits of the design do not outweigh the inherent risk in such design, it is defective.

Question 4

What is an information defect?

Answer 4

a product becomes defective when the product’s foreseeable risks of harm could have been reduced or avoided by the provision of a reasonable warning.

Question 5

Obvious dangers and the no duty rule

Answer 5

no duty exists to warn of dangers that are obvious or should be obvious.

Question 6

Affirmative defenses for strictly liable defendant.

Answer 6

1. The PL voluntarily and knowingly assumed the risk occasioned by the defect
2. The PL misused the product in an unforeseeable manner.

Question 7

Open and obvious danger product rule:

Answer 7

does not substitute for lack of warning.

Question 8

Liability for product defect

Answer 8

everyone is liable

Question 9

To prove a design defect, PLs must show:

Answer 9

1. There was a safer alternative
2. The safer alternative would reduce risk if injury without substantially impairing the product’s utility
3. The safer alternative was both technologically and economically feasible when the product left the control of the manufacturer