Products Liability 3

Question 1

PL-SL: actual cause–does P need to prove fault?

Answer 1

no

Question 2

PL-SL: proximate cause test

Answer 2

type of injury was foreseeable at the time product was placed in the stream of commerce

Question 3

PL-SL: causation–learned intermediary rule

Answer 3

Manufacturer is relieved of liability IF an intermediate handler discovers the defect and knowingly passes it to P or failed to convey manufacturer warning to P

Question 4

PL-SL: damages recoverable

Answer 4

physical injury or property damages

Question 5

PL-SL: damages not recoverable

Answer 5

purely economic losses

Question 6

PL-SL: damages: what duty does P have to mitigate damages?

Answer 6

Duty to take “reasonable steps” to mitigate damages

Question 7

PL-SL: defenses

Answer 7

1. misuse (in an unintended & unforeseeable way)
2. assumption of risk
3. comparative negligence
4. contributory negligence if P discovered defect
5. alteration (3P unforeseeably changes the product)