PRODUCTS LIABILITY Flashcards
STRICT PRODUCTS LIABILITY FOR FAILURE TO WARN
Under products liability law, a commercial supplier (e.g., the drug manufacturer) generally is strictly liable for harm caused by its defective product.
- A product is defective due to inadequate warnings or instructions when:
- the product poses a foreseeable risk of harm that is not obvious to an ordinary user and
- reasonable instructions or warnings by the commercial supplier could have reduced that risk.
- However, under the learned-intermediary rule, a prescription drug or medical device is not defective due to inadequate warnings or instructions when its manufacturer warned the prescribing physician about the risk of harm associated with that product.
- When this occurs, the manufacturer will not be held strictly liable for any harm caused by the product because the physician is expected to convey the manufacturer’s warning to the product’s user.
Any commercial seller in the distribution chain (e.g., manufacturer, distributor, retailer) is subject to strict products liability if:
the commercial seller’s product was defective when it left the commercial seller’s control and
that defect caused the plaintiff harm.
Strict liability is imposed even if the commercial seller did not create or know about that defect.
However, the commercial supplier of a component that is integrated into a defective product is strictly liable only when:
the component is defective or
the supplier substantially participated in the integration of the component into that product’s design and the component’s integration caused the product to be defective.
A SELLER OF A COMPONENT PART OF A DEFECTIVE PRODUCT CAN ONLY BE STRICTLY LIABLE IF THE COMPONENT PART WAS DEFECTIVE.
STRICT PRODUCT LIABILITY - WHICH PARTY IN THE CHAIN WILL BE LIABLE ?
WHAT MUST THE PLAINTIFF STILL PROVE?
Under products liability law, a commercial seller of a defective product may be held strictly liable for any harm that the product causes a foreseeable plaintiff—i.e., a person who is reasonably likely to suffer harm because of the defect. To recover under a products liability claim, the plaintiff must prove that:
- the defective product caused the plaintiff’s injuries when it was used in an intended or reasonably foreseeable way and
- the defect existed at the time the product left the commercial seller’s control.
MBE AND PRODUCTS LIABILITY - STRICT LIABILITY
What is required of Pl to bring a successful Strict Products Liability claim?
Strict products liability claims can only be brought against commercial suppliers or sellers. This means that the defendant must be in the business of manufacturing, selling, or otherwise distributing the type of defective product that harmed the plaintiff.
Accordingly, those in the business of providing services are not subject to strict products liability.
Dentists provide services. Will not be held strictly liable for implanting a defective tooth.
MBE TORTS: PRODUCTS LIABILITY - STRICT LIABILITY
State the rule on who can be liable under a products liability claim based on strict liability?
Any commercial seller in the distribution chain—e.g., manufacturer, distributor, retailer—is subject to strict products liability if (1) the commercial seller’s product was defective when it left the commercial seller’s control and (2) that defect caused the plaintiff harm. Strict liability is imposed even if the commercial seller did not create or know about that defect.
TORTS - STRICT PRODUCTS LIABILITY
WHAT IS THE LIABILITY OF A COMMERCIAL SELLER IN DISTRIBUTION CHAIN - FOR STRICT LIABILITY?
WHAT ABOUT A COMMERCIAL SELLER WHOSE COMPONENT IS INTEGRATED INTO A DEFECTIVE PRODUCT? WHEN WILL HE BE HELD STRICTLY LIABLE?
Any commercial seller in the distribution chain (e.g., manufacturer, distributor, retailer) is subject to strict products liability if:
the commercial seller’s product was defective when it left the commercial seller’s control and
that defect caused the plaintiff harm.
Strict liability is imposed even if the commercial seller did not create or know about that defect.
However, the commercial supplier of a component that is integrated into a defective product is strictly liable only when:
the component is defective or
the supplier substantially participated in the integration of the component into that product’s design and the component’s integration caused the product to be defective.
MBE TORTS - STRICT PRODUCTS LIABILITY
WHEN CAN A COMMERCIAL SUPPLIER BE HELD STRICTLY LIABLE FOR HARM CAUSE BY ITS DEFECTIVE PRODUCT WHEN THE PRODUCT IS USED IN AN INTENDED OR REASONABLY FORESEEABLE WAY?
–DUE TO INADEQUATE WARNINGS OR INSTRUCTIONS
A commercial supplier (e.g., the manufacturer) is generally strictly liable for harm caused by its defective product when the product is used in an intended or reasonably foreseeable way. A product is defective due to inadequate warnings or instructions when:
- foreseeable risk of harm that is not obvious to an ordinary user and
- reasonable instructions or warnings by the commercial supplier could have reduced that risk
