Products Liability Flashcards
Manufacturing Defect
When products emerge from manufacturing differently and more dangerously than properly manufactured products
Test: P must show show that the product failed to perform as safely as an ordinary consumer would expect. D must anticipate reasonably foreseeable misuse.
Design Defect
When all products of a line are the same but have dangerous propensities
Test: P must show D could have made the product safer, w/o serious impact on product’s price or utility (reasonably feasible alternative)
Inadequate Warnings
When manufacturer’s fails to give adequate warnings as to the risks involved that may not be apparent to users
Safety Standards
Product’s noncompliace establishes a product as defective
COMPLIANCE with safety standards is evidence, but not conclusive, that product is not defective
Scientifically Unknowable Risks
D will not be held liable for dangers not foreseeable at the time of marketing
Unavoidably Unsafe Products
Manufacturers are not liable for dangerous products if danger is apparent and there is no safer way to make product (e.g. knives)
Control
defect MUST HAVE EXISTED when the product left D’s control.
Inferred if product moved through normal channels of distribution
Intent Theory of products liability
D liable to anyone injured by an unsafe product if D INTENDED the consequences or KNEW that they were substantially certain to occur
Can also be battery
Anyone can sue. No privity required
Punitive damages available, in addition to compensatory
Intentional tort defenses are defenses here
Negligence theory of products liability
duty, breach, actual and proximate causation, damages
Duty in negligence theory
Duty of care owed to ANY foreseeable Plaintiff (users, consumers, bystanders)
All commercial suppliers can be held liable (manufacturers, wholesalers, retailers)
breach in negligence theory
P must show (1) negligent conduct of D leading to (2) the supplying of a defective product
res ipsa loquitur may be invoked
Difficult to hold retailers and wholesalers liable for negligence b/c they can easily satisfy their duty through CURSORY INSPECTION
causation in negligence theory
intermediary’s negligent failure to discover DOES NOT supersede the original manufacturer’s negligence
Damages in negligence theory
physical injury or property damage must be shown
NO RECOVERY if sole claim is economic loss
Strict Products Liability
Prima facie case: (1) commercial supplier of a product, (2) producing or selling a defective product, (3) actual and proximate cause, and (4) physical or property damages (can’t be economic)
must reach P w/o SUBSTANTIAL ALTERATION
P must show product has a defect (design, manufacturing, inadequate warning)
Defect must exist when the product LEF D’s CONTROL
Who can sue and be held liable in strict products liability?
any commercial supplier
Casual sellers not strictly liable
NO PRIVITY REQUIRED. Users, consumers and bystanders can sue
DOES NOT APPLY TO SERVICES (only products)
