Products Liability Flashcards
Products liability theories
A products liability claim may be brought by a plaintiff under multiple different theories: (i) intent; (ii) negligence; (iii) strict liability; (iv) implied warranties; and (v) express warranties.
Prima facie products liability
The prima facie case for a products liability claim based in strict liability includes (i) a commercial supplier of a product; (ii) producing or selling a defective product; (iii) actual and proximate cause; and (iv) damages. The plaintiff must prove that the defect existed when the product left the defendant’s control. For liability to attach, the product must also reach the plaintiff without substantial alteration. Generally, privity between the parties is irrelevant except for certain warranty theories of liability.
