Products Liability

Question 1

If you think you can use SPL, check these things first

Answer 1

unreas dangerous defective product
proper P
proper D
proper context

Question 2

SPL: proper D

Answer 2

seller of the product

NOT occasional or one-time sellers

Question 3

SPL: categories of defects

Answer 3

manufacturing defects
design defects
absence of warnings

Question 4

SPL: manufacturing defects

Answer 4

a product manufactured in a form other than the manufacturer intended

Question 5

SPL: design defects. How to determine if the defect is enough to invoke SPL

Answer 5

consumer expectation test: unreas dangerous when more dangerous than would be contemplated by the ordinary consumer who purchases it

danger-utility test: danger it threatens outweighs its utility to society

hindsight-negligence test: reas person, knowing of the danger it presented, would not have placed it in the stream of commerce

Question 6

SPL CIF

Answer 6

show injury was caused by defect - substantial factor in bringing about the injury

show the defect that injured P was in existence at the time it left D’s control

Question 7

SPL inadequate warning: P must prove

Answer 7

he wouldnt have been injured by the product had there been a warning on the product or had the warning been adequate

Question 8

SLP prox cause: neg 3p handling after it leaves D’s control is-

Answer 8

foreseeable, not a superseding intervening cause

Question 9

SPL: damages

Answer 9

same as regular tort damages. except:
pure economic losses (loss of profits bc product didnt perform as expected, add’l expenses to obtain a replacement, etc) are not recovered

Question 10

SPL: defenses

Answer 10

misuse
contrib neg
comparative neg

Question 11

P jumps around while pretending his rake is a lightsaber. Because he is swinging it around very rapidly, a prong breaks off and goes in his eye.

Is manufacturer strictly liable?

Answer 11

No- misuse

if P uses a product in a manner that is neither intended nor foreseeable, he has misused the product and it can’t be defective

Question 12

P gets a phone call from the manufacturer, and gets told that if she uses her laundry machine again there is a good chance it will blow up and catch her house on fire. P really wants to clean her pretty shirt for tonight but doesn’t want to hand wash it, and decides to risk her house burning down. It does.

Manufacturer strictly liable?

Answer 12

prob not- contrib neg

only a defense if P knew of defect, comprehended risks, vol elected to expose himself to those risks

Question 13

products liability on a neg theory: Ds who can be found liable

Answer 13

D selling  used goods
D repairing used goods
leasing real prop
providing services
franchisors

Question 14

D sells salads. D orders lettuce from farmer E. P eats a salad from that lettuce. After eating half, realizes the lettuce has black spots. Gets food poisoning.

D / E liable?

Answer 14

Products liability on a negligence theory

Maybe.
-duty owed to foreseeable P- customer eating salad/ reasonable person standard of care
-breach of duty- establish from each person in the chain of custody.
Not a breach for failure to inspect if E was a reputable source.
-CIF
-Prox cause
-damages
-defenses
—-

Question 15

products liability on a neg th: duty

Answer 15

reas person std of care
P must establish that each D in the chain of custody failed to exercise due care
–
failure to inspect usu not a breach of duty if they came from a reputable source

Question 16

products liab on a warr th: defenses

Answer 16

disclaimer
failure to notify seller
contrib neg
comparative neg
assumption of risk