products liability

Question 1

PL general rule

Answer 1

Liability of a supplier of a product to one injured by the product

Question 2

theories that apply to PL

Answer 2

negligence, strict liability, express and implied warranties

Question 3

negligence PL

Answer 3

the manufacturer can foresee that its negligent conduct in manufacturing the product may result in an injury to someone other than the buyer

Question 4

Negligence liability PL

Answer 4

Manufacturer may be held responsible for that person’s injuries even though there was no relationship between the manufacturer and the user

Question 5

PL express warranty subjective test

Answer 5

Originally extended to non-purchasers, but that actual user had to rely on the warranty or promise and the warranty had to be very specific

Question 6

PL express warranty objective test

Answer 6

D must have made warranties that would create justifiable reliance.
* Mitigation requirement
* No requirement of privity

Question 7

merchantability or fitness for a particular purpose

Answer 7

the item sold is rsbl for the general purpose its sold

Question 8

strict liability law

Answer 8

Breaks the ability of the manufacturer to disclaim any responsibility for personal injury

Question 9

PL foreseeable users

Answer 9

Warranty protection extends to foreseeable users even if they are not in the chain of distribution and manufacturer may not limit its liability for breach of implied warranty of merchantability to exclude recovery for personal injury

Question 10

PL strict liability or negligence theories

Answer 10

• manufacturers defects
• design defects
• warning defects

Question 11

manufacturers defects

Answer 11

i. Occur in production of the item and impact some of the overall production line
* Product emerges from the manufacturing process different than the other products
* Perfect control demanded
ii. Product is defective in manufacture if it does not conform in some significant aspect to the intended design or to the other products made pursuant to that design

Question 12

manufacturers defects proof

Answer 12

product must be dangerous beyond the expectation of the ordinary consumer because of a departure from its intended design

Question 13

manufacturers defects SL

Answer 13

Seller of a product will be strictly liable for products in a defective condition unrsbly dangerous to the user or consumer that cause physical harm

Question 14

design defects

Answer 14

ii. Product is made to specifications, but is dangerous due to a poor mechanical or packaging design
* Entire line of products

Question 15

design defects proof

Answer 15

• Must be defective at the time it leaves control of the manufacturer
• There is a rsbl alternative design (less dangerous, economically feasible modification)

Question 16

risk utility test

Answer 16

• Usefulness and desirability of product to the public, weighed against the likelihood and seriousness of harm
• Availability of safer alternative products that would meet the same needs and not be too expensive
• Ability to eliminate danger while meeting the same needs and not making the product too expensive
• Obviousness of inherent danger to user and avoidability with knowledge and suitable warnings
• Expectations of danger by the ordinary consumer

Question 17

warning defects

Answer 17

i. Improper instructions or failure to warn the consumer of latent dangers
ii. Product fails to provide adequate warnings of dangers that were known (or should have been known) and that are not apparent to users

Question 18

warning defects proof

Answer 18

must show warnings are inadequate
i. Defect may be proved by circumstantial evidence
ii. May be inferred that the harm sustained by the P was caused by a product defect existing at the time of sale or distribution, w/o proof of a specific defect , when the incident
* Was of a kind that ordinarily occurs as a result of product defect and
* Was not, in the particular case, solely the result of causes other than product defect existing at the time of sale or distribution

Question 19

PL defenses

Answer 19

Comparative Negligence principles apply to products liability causes of action based on strict liability

Question 20

PL P’s abnormal use

Answer 20

i. P’s misuse of a product will not prevent recovery under a strict liability theory of recovery if the P’s abnormal or unintended use of the product was or should have been foreseeable to the D

Question 21

D’s other than manufacturers

Answer 21

SL is not applicable to those who sell used products where there is no showing that the defect existed at the time the product left the manufacturers control or that the defect was created by the used product seller