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Torts II > Products Liability > Flashcards

Products Liability Flashcards

1
Q

Define products liability

A

A person who is harmed by a product due to either the dangerous condition of the product or the inferior condition of the product

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2
Q

What parties may be liable for damages in a products liability claim?

A

All those engaged in the business of selling or distributing a defective product may be subject to liabilities for injuries to persons or property as a result

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3
Q

What can the liability be based on?

A

Negligence, breach of warranty, or strict liability

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4
Q

Who may damages be awarded to?

A
  1. Purchaser
  2. User
  3. Bystander
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5
Q

What kind of damages may be awarded?

A
  1. Personal Injuries
  2. Physical harm
    a. To product itself
    b. To something other than the product
  3. Economic loss resulting from purchase of an inferior product
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6
Q

What is the SOL for a products liability suit based on a negligence claim?

A

3 years

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7
Q

What is the SOL for a products liability suit based on a breach of warranty claim?

A

4 years

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8
Q

What is the SOR for a products liability suit?

A

It begins to run on the date of initial sale for use or consumption

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9
Q

What is the SOR for a products liability suit in NC?

A

No more than 12 years

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10
Q

What are the prima facie elements for express warranty

A
  1. Express warranty
  2. Breach of that warranty
  3. P’s actual reliance (cause in fact)
  4. Proximate cause
  5. Damages
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11
Q

Under Article II, what is an express warranty?

A
  1. Affirmation of fact or promise
  2. Description of the goods
  3. Sample or model

*Formal words not needed or specific intention

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12
Q

How does an implied warranty arise?

A

By operation of law

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13
Q

What are the two types of implied warranties?

A
  1. Merchantability

2. Fitness for a particular purpose

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14
Q

How is a seller’s duty limited?

A
  1. The bargaining basis was for no warranty (i.e. “as is,” “with all faults,” etc.)
  2. Buyer examines goods before entering the contract or does not want to examine goods

*Even if it was a hidden defect; course of dealing

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15
Q

What kind of damages may be received?

A

Consequential damages unless limitation or exclusion is unconscionable

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16
Q

Is strict liability available for a products liability claim in NC?

A

No

17
Q

What are the four defenses for a products liability claim?

A
  1. SOL
  2. SOR
  3. Plaintiff’s conduct
  4. Federal preemption
18
Q

Define federal preemption

A

If federal law occupies the field then the state law is irrelevant

19
Q

Under the NC Products Liability Act, when is a manufacturer not liable?

A

If the product is used contrary to any express and adequate instructions or warnings; or
The user knew of or discovered a defect and unreasonably and voluntarily exposed themselves to danger; or
User failed to exercise reasonable care

20
Q

Under the NC Products Liability Act, when is there no action for products liability?

A

Where the product was sold in a sealed container or seller had no reasonable opportunity to inspect

21
Q

Is there an immunity for food donations?

A

Yes, unless the injury was by gross negligence, recklessness, or criminal misconduct

22
Q

What is the framework for a products liability action based on the defective design of a firearm?

A

The burden is on the plaintiff and cannot be based on a comparison or weighing of the benefits of product against the risk of injury

23
Q

What must a plaintiff show in holding a defendant responsible in negligence?

A

Proof of factual causation

24
Q

Whether a product is defective based on inadequate warnings is a question of fact or law?

A

Question of fact

25
Q

Whether a manufacturer of a product can be subject to liability for its failure to warn about risk in using its product that is generally known?

A

No, a manufacturer is no liable for failing to ward about an obvious risk.

26
Q

What is a manufacturers defect?

A

A departure from the products intended design

Torts II (9 decks)

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