Products Liability Flashcards
Strict Products Liability
- Proper P (used, consumed,or bystander)
- Proper D (commercial suppliers at all levels of the dist chain)
- Cannot be a person that serviced.
Design Defect
Must show alt designs, two tests: ordinary consumer expectation test and risk-utility balancing.
Ordinary Consumer Expectation Test
Product is more dangerous than would be contemplated by the ordinary consumer who possesses ordinary knowledge common to the community.
Risk-Utility Balancing Test
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.
Inadequate Warning
Rness. Does the warning Rly inform the reader of the risks of the product and how to reduce them?
No warning
A manufacturer has to warn about risks of which it knows or should know. consider the gravity of the possible harm.
Cause in fact
usually proven by showing the defect that caused injury was in existence at the time it left D’s control.
Proximate Cause
look for superseding causes which might breach the casal chain.
Learned intermediary doctrine
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.
Dmgs for warnings
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.
Defenses
MIsuse
Alteration
Assumption of the risk
Misuse
P’s use of product is neither intended nor forseeable. D is still liable for f misuse
Alteration
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.
CN as defense
only A of R
Comparative N as defense
Recovery reduced if level of culpability of P is high enough recovery will be barred.
Product Liability on N theory
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.
Product Liability on Warranty (express)
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.
Products Liability on Warranty (implied)
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.
