product liability

Question 1

things to show

Answer 1

1. defective when left merchan’ts hand. assumed not altered if move din the orindary channels of commerce
2. was using poduct in foreseeable way
3. D must be a merchant (person that routinely deals with this type of goods)
4. product was defective

Question 2

types of defects

Answer 2

1. manufacturing defect (differs from all the others in a way that makes it more dangerous than expected),
2. design defect (if the costs of the design outweigh the benefits such that a reasonable merchant would not put it on the market, to defeat this must show that there’s another design, it’s economically feasible and it’s practical or doesn’t make the product difficult to use. satisfy these three and that’ sn alternative design)
   H.
3. information defect - if the product has residual risks that can’t be designed away and the risk is not obvious or apparent to users then it’s defective if it doesn’t have warnings. and the warning must be ADEQUATE.