Products Liability Flashcards
1
Q
Strict Product Liability
A
(a) Product defective (broken/doesn’t work) when it left factory, sold by seller engaged in business of selling product (commercial seller);
(b) sold to foreseeable user (can also be foreseeable of purchaser);
(c) who used it in manner it was intended
- can sue anyone in chain
*Question will tell you who is NOT a foreseeable user
2
Q
Inadequate Warning
A
Aka Failure to Warn
Another version of strict product liability
3
Q
Product Liability - Negligence
A
Someone in chain of selling (i.e. Retailer, manufacturer, etc.) failed to do something they were supposed to do
4
Q
Products Liability - Warranty
A
There was a label, sticker, something in writing promising how product would work
- should be obvious
- NEVER implied
