Products Liability Flashcards
Product liability (generally) allows recovery by . . .
By a user or consumer/bystander;
From a seller;
Who is engaged in the business of selling the product;
For physical harm;
Caused by a defective product;
That is unreasonably dangerous;
Regardless of whether the seller exercised reasonable care.
Causation (Products Liability)
The defendant must have knowledge of the danger of the defect–not merely that harm is possible, but probable; remoteness is a factor to be considered
Duty of Care (Product Liability)
The duty is to ensure that the product was made carefully–for whoever it is reasonably foreseeable to use the product
DRestatement (Third) v. (Second)
The Third requires that a product simply be defective rather than be unreasonably dangerous in order to create liability
Misrepresentations of Product Qualities
Liability can be created by misrepresentations of product qualities, not reasonably discoverable by a custom, of which the lack of that quality resulted in injury
Seller’s Opportunity to Inspect (scope of liability)
limited liability on sellers, who are non-manufacturers, and did not have a reasonable opportunity to inspect the product before sale (for example, canned drinks).
Qualifiable Sellers (Product Liability)
One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to [strict] liability for physical harm thereby caused if the seller is engaged in the business of selling such a product.
Evaluate the primary purpose of the transaction (to make a sale, or to provide a service) by evaluating–the business involved, the purpose of the transaction, and other factors.
Liability of Defendants outside the original producing and marketing chain
Courts prohibit this as it would make persons insurers against defects that had come into existence after the chain of distribution was completed and under the control of one or more consumers. See Peterson v. Lou Bachrodt Chevrolet Co.
