Products Liability

Question 1

Products liability

Answer 1

A manufacturer or seller who releases an unreasonably dangerous product into the stream of commerce is liable for personal injury or property damage caused. P must prove product is defective by design, manufacture, or warning. P must assert one theory: intentional, negligence, breach of warranty, strict liability.

Question 2

Design defect

Answer 2

Product is created as intended, is unreasonably dangerous, lack of safety was unavoidable, product’s benefit does not outweigh its dangers

Question 3

Manufacture defect

Answer 3

The product was not created as intended. An error in production caused a defect. 

Question 4

Breach of warranty

Answer 4

Liability imposed against manufacturer or seller of a product based upon buyer’s reliance of express or implied warranty that goods are of merchantable quality or fit for their intended purpose. 

Question 5

MacPherson v Buick

Answer 5

A person or a company who is negligent in manufacturing, a product is liable for injuries, caused to the ultimate purchaser of the product, even without privity (landmark case by Cardozo)

Question 6

Strict Liability in Tort

Answer 6

Strict liability may be imposed against a manufacturer or seller of a product, which is defective and thereby unsafe for its anticipated use, or for failure to warn the consumer oven inherent danger involved in the use of the product, put to an intended or foreseeable use.
-P must prove D was manufacturer distributor supplier, retailer
-Product was defective
-Causation - defect was actual approximate cause
-Defect existed at the time product left defendant hands