Products Liability

Question 1

What does products liability not cover?

Answer 1

Services (e.g., repair, malpractice)

Question 2

Types of products liability

Answer 2

1. Strict liability
2. Negligence liability
3. Implied warranty
4. Express warranty

Question 3

PL-SL

Answer 3

Products Liability-Strict Liability

Question 4

PL-SL high level def’n

Answer 4

theory of liability by any foreseeable P

Question 5

PL-SL: duty

Answer 5

any commercial supplier in distribution chain of the product has an absolute duty to supply safe products to any foreseeable P (including bystanders)

Question 6

PL-SL: privity required b/w P&D?

Answer 6

No

Question 7

PL-SL: what must P show to find liability?

Answer 7

A type of defect in product when it left D’s control (breach of absolute duty)

Question 8

PL-SL: what cannot happen in between product leaving manufacturer and reaching user for PL-SL to be satisfied?

Answer 8

Product must not be expected to or actually undergo significant changes before it reaches the user

Question 9

PL-SL: types of defects satisfying breach of absolute duty (3)

Answer 9

1. manufacturing defect
2. design defect
3. inadequate warnings defect

Question 10

PL-S-L: manufacturing defect

Answer 10

product came out more dangerous than intended