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Torts > Products Liability > Flashcards

Products Liability Flashcards

1
Q

Product Liability - Scope of liaiblity

A

CONSUMERS:

  • Personal injuries
  • Property damages
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2
Q

Product Liability - Possible Theories of Recovery (3)

A
  1. N
  2. Strict Products Liability (SPL)
  3. Breach of Warranty
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3
Q

Product Liability - Types of product defects (3)

A
  1. Desing Defects
  2. Manufacturing Defects
  3. Failure to Warn
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4
Q

Product Liability - Design Defects / what

A
  • Product made accordingly to design but design is faulty
    • Includes structural defects.
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5
Q

Torts - Product Liability - Design Defects - Gral Rule of liaiblitly

A

Gral Rule: ONLY manufacturer liable UNLESS

  • reasonable retailer would have tested item before sale and discover defect
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6
Q

Product Liability - Design Defects - RAD Test when public benefit

A

When public benefit in place, court must make balacne test:

  • Cost of implementing Reasonable Alternative Design (RAD)

VS

  • risk and potential of injury to consumers
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7
Q

Product Liability - Manufacturing Defects - Type of problems

A

Product was not made/assembled according to specifications.

  • Includes: assembling, packaging, handling
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8
Q

Product Liability - Manufacturing Defects - Duties (2)

A
  1. Duty to Inspect: by seller for obvious defect before shipping.
  2. Duty to Test: special for some industries - i.e. airplanes, automobiles
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9
Q

Product Liability - Failure to Warn - when, duty

A

For products that are can not be sold for intended purpose wihtout risk -i.e. prescription drug

  • generates duty to warn/provide notice
    • special instruction when non-bovious danger
  • No duty to warn when obviously danger: i.e. guns, tobacco.
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10
Q

Product Liability - Failure to Warn - Standard for Warning

A

REASONABLY DESCRIPTIVE

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11
Q

Product Liability - Failure to Warn - State of the Art Defense

A

When danger not known at time of manufacturing IF acting under i_ndustry standard_s

  • no duty to warn of unknown dangers
  • Also satisifed by compliance with govt mandatory regulation
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12
Q

Product Liability - Subsequent Remedial Measures Rule

A

In gral not allowed as E to prove prior product defectiveness (N liability)

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13
Q

Torts - Product Liability - Negligence - Legal Duty / what, by who, to who

A
  • Duty of reasonable care
  • To: All Ps wihtin danger zone as in stream of commerce
  • From: Everyone in chain of commerce - manufacturer, wholesaler, retailer.
    • HOWEVER: reatiiler usually w/out duty to inspect, and N ffrom manufacturer not usually imputed to retailer
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14
Q

Torts - Product Liability - Negligence - Breach of Duty / proof

A

Similar normal N:

  • By direct E OR
  • Res Ipsa Loquitur
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15
Q

Torts - Product Liability - Negligence - Causation

A

Same as normal N:

  • Both proximate and but for required
  • Superseeding causes rarely break chain of causality
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16
Q

Torts - Product Liability - Negligence - Damages (2)

A
  1. Personal Injury
  2. Property Dx
  • economic loss not causes by N rarely recoverable- i.e. laid off workers no action if prodcution line failed because of defective machine
17
Q

Torts - Product Liability - Negligence - Defenses (3)

A
  1. Contributory N (all or nothing)
  2. Comparative Fault (proportional apportionment)
  3. Assumption of risk
18
Q

Torts - Strict Products Liaiblity / Elements

A
  1. Only for products/goods (no real estate or services)
  2. Sold by merchant D (not casual sellers)
  3. Prodcut must have defective condition AND be unreasonably dangerous
  4. Without substantial change - downstrm alteration as superseading cause or defense for manufacturer if unforeseable
  5. Degree of care irrelevant
  6. Privity abolished
19
Q

Torts - Strict Products Liability - Defective condition AND be unreasonably dangerous Requirement - content, use, obvious dangers

A
  • Includes: manufacturing defect, desing error, failure to reasonably warn
  • When ORDINARY USAGE by consumer
  • NO SL if gral knowledge of danger
20
Q

Torts - Strict Products Liaiblity- “Privity Abolished” - who has standing

A
  • For ALL P ‘s in zone of danger - as foreseable victims
  • Abolishment of:
  • vertical: retailer can go against manufacturer
  • horizontal: non-purchasers against sellers
21
Q

Torts - Strict Products Liaiblity- Defenses (5) SCAAM

A
  1. State of the Art: industry standards + no knowledge of danger at time of production
  2. Comparative Fault -unless is failure to discover hidden/latent defect (no contributory N)
  3. Assumption of risk: i.e. reduction of price
  4. Alteration: as break in chain of causation
  5. Misuse or overuse: unforeseable use or abuse not originally intended - malfunction wouldnt happened under normal usage
22
Q

Products Liability - Breach of Warranty - applicable law, advantages

A
  • UCC
  • Advantage:
    • P can recover even if D acted with reasonable care
    • Economic loss can also be recovered
    • UCC w/4 year SOL from date of purchase (not discovery)
23
Q

Products Liability - Breach of Warranty - Types of warranties (4)

A
  1. Express: reasonable and as part of bargain.
  2. Implied of merchantibility: average quality/fit fro ordinary purposes and pass w/out objection in the trade
  3. Implied of Fitness for Particular Purpose: when buyer relie on advice by seller - even if exceeds industry standard
  4. Title and against infringement - GUT
    • ​​G: good title
    • U: Free from undisclosed SI, liens, encumprances, claims
    • T: Seller with full transfer rights and/or no infringement of trademark/copyright

Torts (11 decks)

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