Products Liability

Question 0

Warnings

Answer 0

Liability applies when there is an insufficient warning.

Some products are do obviously dangerous that they don’t need a warning label.

Question 1

Product liability

Answer 1

Any person injured while using a defective product may recover from manufacturer of defective part and seller if accident was foreseeable.

• strict liability when product is in a defective condition unreasonably dangerous.
• can only recover from commercial seller or manufacturer.
• Ps negligence or failure to act reasonably will not preclude recover, only reduce it.

Question 2

Florida products liability warning

Answer 2

Compliance with govt regs makes rebuttable presumption that product is not defective or unreasonably dangerous. Manufacturer must show:

1. Products complied with reg,
2. Statutes were designed to prevent type if harm that occurred, and
3. Reg compliance is a condition of selling the product.

Question 3

Proof of proper D

Answer 3

Usually need to prove that the defect was in existence when it left Ds control.
Need to prove that no one else tampered with the product.

Question 4

Defenses

Answer 4

Misuse: P used product in Unintended manner.

Question 5

UCC breach of warranty

Answer 5

Buyer must notify seller within reasonable time of discovery of the breach.