products liability

Question 1

elements of strict products liability

Answer 1

1. must be a product defect
2. defect existed when it left ∆’s control
3. defect caused π’s injury

Question 2

manufacturing defect

Answer 2

physical departure from a product intended design in a way that makes it unreasonably dangerous

Question 3

design defect

Answer 3

occurs when plans for a product render it unreasonably dangerous

Question 4

consumer expectation test- design defect

Answer 4

defect if π shows the product failed to perform as safely as an ordinary consumer would expect when used in the intended manner- Π must produce evidence of objective conditions of the product- and jury employs their own sense of whether product meets ordinary expectations as to its safety

Question 5

risk utility test- design

Answer 5

defect if π demonstrates that the products design proximately caused injury, and ∆ does not demonstrate how the benefits of the design outweigh the dangers

Question 6

marketing defect

Answer 6

inadequate instruction/warnings when foreseeable risks of product could have been reduced by providing a warning, and omission of the warning renders it not reasonably safe

Question 7

rebuttable presumption

Answer 7

presumption that π would read the warning to protect themselves from danger had there been one

Question 8

learned intermediary doctrine

Answer 8

duty to warn satisfied for prescription drugs and devices when providing the warning to the dr rather than the consumer

Question 9

common knowledge presumption

Answer 9

no duty to warn of risks associated with/ a particular product when the risks are common knowledge

Question 10

misuse

Answer 10

Defense- Misuse or modification of a product by a user in a manner that is neither intended nor reasonably foreseeable to the manufacturer negates liability- but may not preclude recovery