Product Liability Flashcards
Elements of Products Liability (STRICT Liability)
- D is commercial supplier
- Product is defective
- Defective product is actual and proximate cause of P’s injury
- P used product in foreseeable manner (note, even misuse can be foreseeable)
Types of Product Defects
- Manufacturing defect
- Design defect
- Inadequate warning
Manufacturing Defect requirements
Product departs from its intended design, causing it to be more dangerous than designed.
P must show product failed to perform as safely as ordinary consumer would expect
Design Defect requirements
Product creates unreasonable risk of danger due to its faulty design
Req - P must show an economically feasible alternative design or modification
Inadequate warning general requirements
Manufacturer fails to adequately warn of non-obvious risk associated with product use.
Requirements: P must show that the product has risks that:
1. Cannot be eliminated by redesign, and
2. Consumers would not ordinarily notice
NOTE: D not liable for risks that were unforeseeable at time product was marketed
Inadequate warning - Unavoidably unsafe products
If a product cannot be made safe for ordinary use (chain saw, firearms), manufacturer must give:
- Proper instructions for use; and
- Adequate warnings of known dangers
What liability applies in products liability actions?
Strict
Who can sue for products liability?
Foreseeable users and bystanders
Buyers, guests, employees, family, etc.
What damages can be recovered?
Physical injury and property damage
NOT solely for economic losses, though.
Elements of Product Liability (NEGLIGENCE)
- Duty of care
- Breach of duty
- Causation
- Damages
How do retailers and wholesalers satisfy due care?
Cursory inspection of product (this makes it difficult to hold them negligent for product defects)
What defenses are available in negligent product defect claim?
All negligence defenses
