Products Liability Flashcards
five theories P can use for products liability
- intent
- negligence
- S.L.
- implied warranties of merchantability and fitness for particular purpose;
- representation theories (express warranty and misrepresentation)
If question doesn’t indicate P’s theory of products liability, assume it’s _____ b/c ___-
assume S.L. b/c easiest to prove
common elements to any product liability theory (2)
- DEFECT
2. existence of defect WHEN IT LEFT D’S CONTROL
3 types of defects for product liability
- manufacturing defect
- design defect
- inadequate warnings (for drugs and medical devices, warnings to doctors sufficient)
Proving manufacturing defect: D liable if P shows?
P shows product failed to perform as safely as ordinary consumer would expect (D must anticipate reasonable misuse). Also applies to DEFECTIVE FOOD PRODUCTS
Proving design defect: D liable if P shows?
D could’ve made product SAFER without impacting price or utility
- product’s NONCOMPLIANCE w/ govt safety standard conclusively establishes defectiveness?
- product’s COMPLIANCE w/ govt safety standard conclusively establishes non-defectiveness?
- Yes. Noncompliance = defective.
2. No, compliance is evidence, but NOT CONCLUSIVE EVIDENCE of non-defectiveness
Can D be held liable for scientifically unknowable risks at time of marketing?
No.
E.g. of unavoidably unsafe product? D liable? Reqs to avoid liability?
E.g., knives. D not liable if danger is apparent and no way to make safer product
Draw inference that product was defective when it left D if?
if it moved through normal channels of distribution.
Is privity of K relevant to product liability suit?
No. Any foreseeable P may sue, including end user w/o privity.
prima facie negligent product liabilities case is same as any negligence case. four elements?
- duty
- breach of duty
- actual and prox cause
- damages
who can sue for prod liab action? 3 classes of P
any foreseeable P:
- user
- consumer
- bystander
who can be held liable for product liability case?
commercial suppliers, e.g., manufacturers, wholesalers, and retailers.
breach of duty in negligent product liability case: 2 elements
- negligent conduct leading to
2. supply of defective product
difficult to hold retailers and wholesalers liable for negligent product liability suit b/c?
b/c they satisfy their duty through cursory inspection.
does intermediary’s negligent failure to discover defect relieve original manufacturer’s negligence? if so, when?
generally no, unless intermediary’s conduct exceeds ordinary foreseeable negligence
Product liability suit solely for economic loss recovers what damages?
NONE for just econ loss. Product liability suit REQUIRES PERSONAL INJURY OR PROPERTY DAMAGE
Defenses to negligent product liability
same as any other negligence suit
Elements of strict liability products liability case (four elements)
- Strict duty owed by COMMERCIAL SUPPLIER
- Production or sale of defective product
- Actual and proximate cause
- Damages
Is privity required for strict liability products liability suit? Who can sue?
Privity is not required. Users, consumers and bystanders can sue.
If there is a substantial alteration, can a strict liability products liability suit the made?
No. The product must reach the plaintiff without substantial alteration
May strict products liability suits extend to services as well?
No, even where the product is incidental to a service, there’s no strict liability. Plaintiff may sue in negligence.
For a strict liability suit against the defective product what must plaintiff show about product?
Plaintiff must show that the defect makes the product dangerous beyond the ordinary consumer’s expectation
