Products Liability Flashcards
Define products liability
A person who is harmed by a product due to either the dangerous condition of the product or the inferior condition of the product
What parties may be liable for damages in a products liability claim?
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
What can the liability be based on?
Negligence, breach of warranty, or strict liability
Who may damages be awarded to?
- Purchaser
- User
- Bystander
What kind of damages may be awarded?
- Personal Injuries
- Physical harm
a. To product itself
b. To something other than the product - Economic loss resulting from purchase of an inferior product
What is the SOL for a products liability suit based on a negligence claim?
3 years
What is the SOL for a products liability suit based on a breach of warranty claim?
4 years
What is the SOR for a products liability suit?
It begins to run on the date of initial sale for use or consumption
What is the SOR for a products liability suit in NC?
No more than 12 years
What are the prima facie elements for express warranty
- Express warranty
- Breach of that warranty
- P’s actual reliance (cause in fact)
- Proximate cause
- Damages
Under Article II, what is an express warranty?
- Affirmation of fact or promise
- Description of the goods
- Sample or model
*Formal words not needed or specific intention
How does an implied warranty arise?
By operation of law
What are the two types of implied warranties?
- Merchantability
2. Fitness for a particular purpose
How is a seller’s duty limited?
- The bargaining basis was for no warranty (i.e. “as is,” “with all faults,” etc.)
- Buyer examines goods before entering the contract or does not want to examine goods
*Even if it was a hidden defect; course of dealing
What kind of damages may be received?
Consequential damages unless limitation or exclusion is unconscionable
Is strict liability available for a products liability claim in NC?
No
What are the four defenses for a products liability claim?
- SOL
- SOR
- Plaintiff’s conduct
- Federal preemption
Define federal preemption
If federal law occupies the field then the state law is irrelevant
Under the NC Products Liability Act, when is a manufacturer not liable?
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
Under the NC Products Liability Act, when is there no action for products liability?
Where the product was sold in a sealed container or seller had no reasonable opportunity to inspect
Is there an immunity for food donations?
Yes, unless the injury was by gross negligence, recklessness, or criminal misconduct
What is the framework for a products liability action based on the defective design of a firearm?
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
What must a plaintiff show in holding a defendant responsible in negligence?
Proof of factual causation
Whether a product is defective based on inadequate warnings is a question of fact or law?
Question of fact
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?
No, a manufacturer is no liable for failing to ward about an obvious risk.
What is a manufacturers defect?
A departure from the products intended design
