Products Liability

Question 1

What is general rule regarding products liability?

Answer 1

Strict liability is imposed where a produce is in a defective condition and is unreasonably dangerous

Question 2

Who is liable for manufacturing defects?

Answer 2

Manufacturer and everyone else in chain of distribution for personal injury or property damage to a P are strictly liable

Question 3

When is liability conferred for a design defect?

Answer 3

A product is unreasonably dangerous and defective when it is more dangerous than would be contemplated by the ordinary consumer who purchases a produce for ordinary use.

Question 4

When is liability conferred based on inadequate warning?

Answer 4

A product may be considered dangerously defective when it is:
1. accompanied by an inadequate warning
2. fails to sufficiently describe the danger
3. is inconsistent with the instructions for the use of the product

Question 5

When is products liability negated?

Answer 5

If P uses a product in a manner that is neither intended nor foreseeable, or alters the product, D’s liability may be reduced or negated