Products Liability

Question 1

Design Defects - Restatement 3rd

Answer 1

1. RAD (comparing risks of design to the utility of it)
2. Omission of RAD renders product not reasonably safe
3. Causation
4. Injury

Question 2

Design Defects - 402A

Answer 2

Consumer Expectations Test - P alleges that the product was unreasonably dangerous for its intended use and is in a condition not reasonably contemplated by the consumer

Question 3

Manufacturing Defects - Restatement 3rd

Answer 3

A product departs from its intended design despite all possible care.
Elements:
- Product defective to make it unreasonably dangerous for intended use
- Defect existed when he product left the manufacturer’s control
- Defect proximate cause of injury

Question 4

Manufacturing Defects - 402A

Answer 4

P must show that the product failed to perform as safely as an ordinary consumer would expect. Consumer expectations test.

Question 5

Design Defects - Prescription Drugs - 402A comment K

Answer 5

Different interpretations:

• Blanket immunity (Full immunity from liability for manufacturers of drugs for defective design when the drug is unavoidably unsafe even though it is properly prepared) Ex: Rabies vaccine
• Affirmative Defense (P uses consumer expectation test and D raises comment k as defense)

Question 6

Design Defects - Prescription Drugs - Restatement 3rd

Answer 6

P must show that a reasonable healthcare provider would not prescribe the drug to any class of patients

Criticism: Does not restate law (majority do R/U balance and RAD). Too difficult to apply.