Products Liability

Question 1

To prove a claim for design defect, the P must show that either

Answer 1

The product has a dangerous condition that was unknowable and unperceptive to the ordinary customer; OR

A reasonable person would conclude that the risk of harm from the product outweighed the burden or costs of taking precautions.

Question 2

A plaintiff can/cannot recover for emotional distress on a strict liability tort.

Answer 2

Can

Question 3

A defendant asserting highly reckless conduct must prove that the plaintiff’s conduct was so reckless that . . .

Answer 3

It was the sole or superseding cause of the injuries.

Question 4

In PA, failure to discover or guard against the existence of a defect is/isn’t a defense in a strict products liability action

Answer 4

Isn’t

Question 5

Who can sue for an implied warranty or merchantability and fitness?

Answer 5

Buyer, buyer’s family, household, and guests who suffer personal injury.