Products Liability 2

Question 1

PL-SL: how to prove manufacturing defect

Answer 1

Ordinary consumer expectation test: product failed to perform as safely as an ordinary consumer would expect; D must anticipate reasonable misuse

Question 2

PL-SL: design defect

Answer 2

very design resulted in product not safe for its intended use

Question 3

PL-SL: two tests for proving design defect

Answer 3

1. feasible alternative test
2. risk-utility test

Question 4

PL-SL: feasible alternative test

Answer 4

Product could have been made safer without serious impact on the product’s price or utility

Question 5

PL-SL: risk-utility test

Answer 5

danger of design > utility to society, feasibility of alternative designs

Question 6

PL-SL: inadequate warnings defect

Answer 6

product must have clear and complete warnings of dangers that may not be apparent to users. one language okay. unneeded if obviously dangerous (e.g., knife)

Question 7

PL-SL: actual cause test

Answer 7

defect existed when product left D’s control