Product Liability (Lesson 6.3) Flashcards
What does CCQ 1468 say about manufacturer’s liability?
A manufacturer of movable property is liable for injuries caused by safety defects, even if the product has been incorporated into a building (immovable).
Who else is liable under CCQ 1468 besides the manufacturer?
All professional sellers—importers, distributors, wholesalers, and retailers—are also personally liable, as if they were the manufacturer.
What is a safety defect under CCQ 1469?
A product has a safety defect if it fails to meet normal safety expectations due to:
A design or manufacturing flaw
Poor packaging or preservation
Insufficient warnings about risks or safe usage
What must safety instructions include?
Warnings about all foreseeable dangers associated with the product’s intended use.
Is a manufacturer liable if a product is used for an unintended purpose?
No—if injury results from improper use, the user may be found contributorily negligent and the manufacturer may not be liable.
Example of contributory negligence?
Lifting a** lawnmower** to trim tree branches — a clear misuse. Injury from this would not be the manufacturer’s fault.
Defense of Special Knowledge – CCQ 1473
What is the defense of special knowledge?
If the injured person is an expert (e.g., a professional user), the manufacturer may not be liable, even with inadequate warnings.
Example of special knowledge defense?
A carpenter injured by a power drill without wearing goggles may be considered at fault because of their expertise—they should have known better.
Would the same rule apply to a homeowner?
No—ordinary consumers are not expected to have special knowledge, so detailed warnings are required.
