Products Liability Flashcards
Is a seller of a component part strictly liable?
Yes, if component is defective.
No, if component is incorporated into a product which is defective for another reason.
What are the two types of warranties for products?
- Merchantability
- Particular Purpose
Can be disclaimed but any limitation on consequential damages for person injured is unconscionable.
What are the three types of strict products liability defects?
- Defective Product
- Design Defect
- Failure to Warn
What are the three types of products liability claims?
- Negligence
- Strict Products Liability
- Breach of Warranty
What are the elements of a negligence products liability claim?
- Duty - any foreseeable plaintiff
- Breach - Failure of reasonable care to inspect. Plaintiff must show defect and lack of reasonable care caused harm.
- Causation
- Damages
What are the elements of a strict products liability claim?
Product was defective
Defect existed when it left defendant’s control
Defect caused injuries when used in an intended/foreseeable way.
Are suppliers required to anticipate reasonably foreseeable misuses of a product?
Yes.
What are the defenses to strict products liability?
Comparative Fault
- Reduce
Contributory Negligence
Assumption of Risk
Product Misuse/Modification
- If unforeseeable
Substantial change
Compliance with regulations
- Generally not conclusive, unless Congress preempts
State of the Art
Note: disclaimers do not bar.
What is a manufacturing defect?
Deviation from what manufacturer intended. Deviates from defendant’s own specifications.
What is a design defect?
Consumer Expectation Test: Does the product include a condition not contemplated by him that is unreasonably dangerous?
Risk Utility Test: Does risk outweigh benefits?
- Plaintiff must prove reasonable alternative design.
What is a failure to warn?
Foreseeable risks of harm: not obvious
- Drugs - satisfied if warns physician under earned intermediary rule.
