Products Liability

Question 1

Products liability

Answer 1

NC doesn’t recognize strict products liability

Ordinary neg. rules, as incorporated and modified by statute.

Question 2

Defenses to products liability

Answer 2

Use of product contrary to its instructions, when P knew or should have known of instructions;

Use of product knowing of its defect or dangerous condition; or

The P failed to exercise reasonable care

Question 3

Seller’s lack of opportunity to inspect

Answer 3

Seller not liable for manufacturing defect when the seller had not opportunity to inspect for defects, sealed container rule.

Question 4

Modification by plaintiff

Answer 4

Modification includes failure to observe routine care and maintenance. If proximate cause of P’s harm is the modification, then the manufacturer of the product will have a defense to P’s product liability claim.

Question 5

Strict liability

Answer 5

Abnormally dangerous activities are those activities that are so dangerous that even the exercise of reasonable care cannot eliminate the risk of harm.

NC this is limited to blasting.

Question 6

Dangerous animals strict liability

Answer 6

Wild animals: truly strict liability

Domestic animals: owner liable if kenw or should have know that animal was violent

Question 7

Dog-bite statute

Answer 7

Strict liability for “dangerous dogs” that:

Have killed or severely injured w/out provocation;

are designated by local gov. to be potentially dangerous;

are owned or trained for the purpose of fighting.