Products Liability

Question 1

Strict Products Liability

Answer 1

(1) D is a commercial supplier
(2) Product is defective, making it unreasonably dangerous
(3) defective product was actual and proximate cause of P’s injury
(4) P used the product in a foreseeable manner

Question 2

Manufacturing Defect

Answer 2

product departed from its intended design, causing it to be more dangerous than all of the manufacturers other products of same kind

Question 3

Design Defect

Answer 3

product creates an unreasonable risk of danger due to faulty design

Question 4

Inadequate Warning

Answer 4

manufacturer fails to adequately warn of a non-obvious risk associate with a products use

Question 5

Implied Warranties: Merchantability

Answer 5

Seller warrants that goods are reasonably fit for their intended use

Question 6

Implied Warranties: Fitness for Particular Purpose

Answer 6

(a) seller knows or has reason to know the particular purpose for which buyer is purchasing
(b) seller knows that buyer is relying on sellers skills or judgment in selecting the product