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Torts2 > products liability > Flashcards

products liability Flashcards

1
Q

what are the 5 theories of products liability?

A

intent, negligence, strict liab, implied warranties of merch/fitness, and representation theories (express warranty, misrep)

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2
Q

is privity required for products liab?

A

no requirement of contractual privity between P and D

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3
Q

what happened in Thomas v. Winchester?

A

medicine dealer who labeled deadly poison as harmless strictly liable to all injured

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4
Q

where does duty in products liab derive?

A

duty that law imposes to avoid acts in their nature dangerous to the lives of others

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5
Q

what was the holding in Macpherson v. Buick?

A

duty of a manuf to inspect his goods to guard against injuries is independent of K - obligation arises at law (removed privity requirement)

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6
Q

what were the facts in the Macpherson v. Buick case?

A

1916 - manuf installed wooden wheel that collapsed on his Buick - they hadn’t made the wheel

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7
Q

what’s the rule from the Escola v. CocaCola case?

A

manuf incurs strict liab when an article that he placed on the market, knowing it will be used without inspection, has a defect that causes injury

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8
Q

what’s the implied warranty of merchantability?

A

goods are generally fit for their ordinary purpose

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9
Q

when does the implied warranty of fitness arise?

A

when seller knows or RTK the aprtic purpose for which goods are required, and that buyer is relying on seller’s skill or judgment to select suitable goods

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10
Q

how does an express warranty arise?

A

affirmative representation by D beyond act of distributing the product - promise becomes “basis of the bargain”

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11
Q

what’s the effect of disclaiming an express warranty?

A

unenforceable!

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12
Q

how can a P prove that D made a misrepresentation of fact?

A

D must have intended to induce reliance of the buyer by making a statement that proved to be false

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13
Q

how can P show inducement of reliance in a misrepresentation of fact by the D?

A

by showing that the misrep was a subst factor in their purchase decision making

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14
Q

what kind of misrepresentation counts?

A

misrep must be of a “material fact” concerning the quality, nature or approp use of the product

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15
Q

how does privity come into play for misrep of fact?

A

privity is generally irrelevant

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16
Q

what are the three defenses to misrepresentation of fact?

A

assumption of the risk, contrib negligence, comparative fault

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17
Q

what was the holding of Henningsen v. Bloomfield Motors?

A

an express warranty that limits manuf’s liability, and disclaims other express or implied warranties, is against public policy

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18
Q

what were the facts of the Henningsen v. Bloomfield Motors case?

A

husband bought car for his wife, wife was injured while driving because of mechanical failure, warranty said it was disclaimed in paperwork

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19
Q

when is a manuf strictly liable for injury caused by a defective product?

A

when an article he places on the market, knowing that it will be used without inspection for defects, proves to have a defect which causes injury

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20
Q

what are 3 policy reasons for strict product liability?

A

lack of privity between manuf and buyer, diffic of proving negligence against a distant manuf, manuf has better ability to spread economic risks among customers

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21
Q

what four things are required for a prima facie case of strict product liability?

A

(1) absolute duty owed by a commercial supplier, (2) production or sale of defective product, (3) actual/prox cause, (4) damages

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22
Q

is pure economic loss recoverable under strict product liability?

A

no - pure economic loss is NOT recoverable - must be damage to person or prop

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23
Q

define a “commercial supplier”

A

not a casual seller - manuf, retailer, assembler, wholesaler, includes sellers of used products that have been reconditioned or rebuilt

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24
Q

to which commercial suppliers in the chain does strict product liability apply?

A

strict liab extends to ANY commercial supplier in the chain of distribution

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25
Q

who can claim protection under strict product liab?

A

buyer, buyer’s family, guests, friends, employees, even protection for foreseeable bystanders

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26
Q

what’s the first step in claiming strict product liab?

A

P must first show that the product was defective when the product left D’s control

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27
Q

what creates liability, conduct of D or product condition?

A

it’s the unreasonable condition of the product, not conduct of the D, that creates liability

28
Q

how does misuse of a product factor into strict products liability?

A

courts require suppliers to reasonably anticipate foreseeable misuses of the product (drink laundry detergent)

29
Q

do scientifically unknowable risks give rise to strict product liab?

A

usually no liability for manuf of new drugs that cause dangerous side effects that were impossible to antic or warn against

30
Q

what is a manuf’s duty to warn against allergies?

A

if allergency sensitive group is signif in #, then manuf must provide warnings -

31
Q

what’s the modern trend regarding duty to warn against allergies?

A

warning is required regardless of group size

32
Q

define a manufacturing defect

A

occurs when a product emerges from manuf process diff from the other products AND more dangerous than it should have been (dangerous beyond expectation of consumer)

33
Q

how are defective food products classified - manuf defect or design defect?

A

manuf defect

34
Q

what happened in the Ford v. Gonzalez case?

A

uneven tire wear evidence a chronic symptom from which juryc ould infer manuf defect and impose liab for a car accident

35
Q

define a design defect

A

occurs when ALL the products of a line are made identicially according to manuf specs but have dangerous propensities

36
Q

what’s a warning defect?

A

inadequate warning - a product must have clear and complete warnings of all dangers that may nto be apparent to users

37
Q

what’s the “learned intermediary” rule?

A

for prescrip drugs and med devices, warnings need not be supplied to patient, only to prescribing doc

38
Q

how does compliance with federal labeling requirements of drugs relate to state warning label laws?

A

compliance with fed laws does NOT preempt state warning label requirements

39
Q

what’s required for P to put liab on manuf for a design defect?

A

P must show an “economically feasible alternative design” (EFAD) was available

40
Q

how does noncompliance with govt safety standards relate to strict product liab?

A

product is deemed to be defective in design or warnings if it fails to comply with applic GSS

41
Q

what happened in the Barker v. Lull Engineering Co case?

A

P was injured at a construction site while operating a highlift loader manuf by D

42
Q

what was the rule from the Barker v. Lull Engineering case?

A

a product is defective in design if either (1) product failed to perform as safely as ordinary customer would expect when used in intended manner or (2) benefits of challenged design don’t outweigh risk of danger of design

43
Q

what happened in the Hernandez v. Tokai Corp case?

A

child used non child-resistant butane lighter to start a fire that burned her brother

44
Q

whatw as the holding of the Hernandez v. Tokai Corp case?

A

design defect must make the product unreasonably dangerous, a safer alt design must be available, and defect must have caused injury

45
Q

what happened in the Brown v. Superior Court case?

A

P’s mom took DES during pregnancy, resulting in birth defects

46
Q

what was the holding in the Brown v. Superior Court case?

A

drug manuf’s liable only for failure to warn of dangers inherent in the drug which are known/RTK at time of distribution

47
Q

why are drug manuf’s only liable for failure to warn of dangers inherent in drug which are known/RTK at time of distribution?

A

public interest in development, availability and reasonable cost of drugs require that they are not held to strict liab standard

48
Q

when can a drug manuf be liable for injuries based on failure to warn?

A

only if drug wasn’t accompanied by a warning of dangers that the manuf knew or should have known about

49
Q

what happened in the Livingston v. Marie Callendars case?

A

customer had adverse reaction to MSG in veg soup

50
Q

explain the “risk warning” holding from Livingston v. Marie Callendar’s case

A

strict liab for failure to warn results if (1) a product contains a common allergen and risk is not generally known, OR if known and would not reasonably be expected to be in the product

51
Q

what were the facts in the Jackson v. Coast Paint Co case?

A

highly flammable epoxy paint being used by painter inside railcar - unaware that flammable vapors could ignite

52
Q

what was the holding in the Jackson v. Coast Paint Co case?

A

duty to warn isn’t discharged when the employer alone is warned of danger - seller’s duty is to the ultimate customer or consumer

53
Q

why is the manuf, the “one who sells”, on the hook for liability?

A

manuf is best situated to provide protection against the risk of injuries caused by a defective product

54
Q

what happened in the Allenburg v. Bentley Hedges Travel Services case?

A

injuries sustained during travel co’s shuttle ride to airport - they bought used shuttle bus from re-seller

55
Q

what was the holding in the Allenburg v. Bentley Hedges case?

A

manuf’s product liability is not applicable to commercial seller of used product if alleged defect wasn’t created by seller, and condition of product was unaltered

56
Q

as between product supplier and service provider, who incurs strict liability?

A

strict liab is imposed only on one who supplies a product, as opposed to one who primarily performs a service (defective bus, driver not neg for manuf defect)

57
Q

what happened in the Royer v. Catholic Med Center case?

A

defective prosthetic knee - hospital not liable - P went to hospital to get treated, not to “buy a knee”

58
Q

what was the holding in the Royer v. Catholic Med Center case?

A

no liab for parties if they’re not “engaged in the business of selling” a product

59
Q

what happened in the Moorman Manuf Co. v. National Tank Co case?

A

crack in grain storage tank - P sought damages for repair of tank and loss of use of tank (economic losses)

60
Q

what was the holding in the Moorman Manuf v. National Tank Co case?

A

manuf’s liability is applicable to personal and property injury only, not applicable to economic loss alone

61
Q

how does contrib negligence by P factor into strict product liab?

A

ordinary contrib negligence is NOT a defense where P merely failed to discover defect

62
Q

is “assumption of the risk” a defense for strict product liab?

A

yes - bars recovery only if P uses a product in a way that P knows violates the warranty

63
Q

how does comparative negligence by P factor into strict product liab?

A

reduces P’s recovery only to the extent that his own lack of reasonable care contributed

64
Q

what happened in the Daly v. GM case?

A

P sued manuf for damages re: car crash where faulty door latch caused P to be ejected from car… BUT… P wasn’t wearing seat belt and didn’t lock door, so contrib neg!

65
Q

what was the holding in the Daly v. GM case?

A

comparative negligence is applicable to strict product liab - reduces P’s recovery to the extent that his own lack of reasonable care contrib

66
Q

what happened in the GM v. Sanchez case?

A

farm worker pinned to corral gate when he mis-shifted his truck and it slid into him, killing him

67
Q

what was the holding from GM v. Sanchez?

A

comparative responsibility applies in strict liab if a P’s negligence is something other than the mere failure to discover or guard against a product defect

Torts2 (5 decks)

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