Products Liability

Question 1

Strict Products Liability

Answer 1

• Proper P (used, consumed,or bystander)
• Proper D (commercial suppliers at all levels of the dist chain)
• Cannot be a person that serviced.

Question 2

Design Defect

Answer 2

Must show alt designs, two tests: ordinary consumer expectation test and risk-utility balancing.

Question 3

Ordinary Consumer Expectation Test

Answer 3

Product is more dangerous than would be contemplated by the ordinary consumer who possesses ordinary knowledge common to the community.

Question 4

Risk-Utility Balancing Test

Answer 4

Jury determines w the danger the design threatens outweighs its utility to society. Product will be found defective if an alternative design could have reduced the danger at about the same cost.

Question 5

Inadequate Warning

Answer 5

Rness. Does the warning Rly inform the reader of the risks of the product and how to reduce them?

Question 6

No warning

Answer 6

A manufacturer has to warn about risks of which it knows or should know. consider the gravity of the possible harm.

Question 7

Cause in fact

Answer 7

usually proven by showing the defect that caused injury was in existence at the time it left D’s control.

Question 8

Proximate Cause

Answer 8

look for superseding causes which might breach the casal chain.

Question 9

Learned intermediary doctrine

Answer 9

If a manufacturer provides a warning to a doctor, the manufacturer can expect that the doctor will pass the warning on to the patient. If the doctor does not, the doctor is a superseding cause of the patient’s harm.

Question 10

Dmgs for warnings

Answer 10

Recoverable when there is personal injury or property damage other than to the product itself.
Where the harm is only to the product itself, the only claim is breach of warranty.
Consequential/subsequent economic losses are not enough.

Question 11

Defenses

Answer 11

MIsuse
Alteration
Assumption of the risk

Question 12

Misuse

Answer 12

P’s use of product is neither intended nor forseeable. D is still liable for f misuse

Question 13

Alteration

Answer 13

ER removes safety devices to increase efficiency. Alteration or mod must occur b/w the time the product leaves the manfs control and the time of P’s injury.

Question 14

CN as defense

Answer 14

only A of R

Question 15

Comparative N as defense

Answer 15

Recovery reduced if level of culpability of P is high enough recovery will be barred.

Question 16

Product Liability on N theory

Answer 16

Any foreseeable P can bring an action.
Analyze the conduct of each D and ask whether D acted reasonably. (This is different from strict products liability, which focuses on the product, not the actions of the D.)
Res Ipsa Loquitur takes the place of manufacturing defect in negligence theory.
All negligence defenses apply.

Question 17

Product Liability on Warranty (express)

Answer 17

Exists where D makes a specific representation as to the quality/nature of the product that becomes a basis of the bargain.
Any seller can make this warranty (manufacturer, distributor, seller).
Can occur via advertising, during negotiations, or as a contract provision.

Question 18

Products Liability on Warranty (implied)

Answer 18

Where a merchant deals in goods of a particular kind, the sale of such goods constitutes an implied warranty that those goods will be merchantable (i.e. the goods are of average quality for goods of that kind and are generally fit for the purpose for which such goods are normally used).
Warranty of merchantability = fit for intended use.
Requirements of privity and notice.
Can be disclaimed by contract.
Where harm is to the product itself, the only claim a P can pursue is for warranty.