Products Liability

Question 1

Strict Liability in Tort

Answer 1

Does not require privity; is not based on negligence or warranty. General elements are:

(1) defendant is in the business of selling or otherwise distributing products;
(2) defendant sells or distributes a defective product;
(3) the defect causes harm.

Question 2

Manufacturing Defects

Answer 2

A manufacturing defect is one where the product departs from its intended design - it contains a flaw. A design defect is common to the entire product line causing the products to be generically dangerous.

Question 3

Failure to Warn Defects

Answer 3

A manufacturer is subject to liability to warn if it:

(1) knows or has reason to know
(2) that the product is likely to be dangerous for the use for which it is supplied, and
(3) has no reason to believe that the users of the product will realize its dangerous condition, and
(4) fails to inform the users of the product’s dangerous condition or of the facts which make the product likely to be dangerous

Question 4

Design Defect

Answer 4

Two theories:

(1) Risk-Utility Theory: Incorporates a number of factors, but focuses mainly on feasibility and cost. A plaintiff must prove either that there is an inherently unreasonable risk because the risk of harm is significant and there is little or no utility to the product.
(2) Use expert testimony to prove there is a reasonable, feasible alternative design that would have been economically feasible and safer

Question 5

Negligence

Answer 5

Same as ordinary negligence. The manufacturer of a product owes a duty to others than the immediate purchaser to make the product carefully if a product, when negligently made, is reasonably certain to place users in peril, and the manufacturer knows that the product will be used by persons other than the immediate purchaser without further inspections or tests.

Question 6

Breach of Warranty, Implied Warranty of Merchantability

Answer 6

(1) Breach

(2) the breach of warranty proximately caused the loss sustained.

Question 7

Breach of Warranty, Express Warranty

Answer 7

Same except the warranty is expressly made as an affirmation of facts concerning the goods

Question 8

Breach of Warranty, Implied Warranty of Fitness

Answer 8

(1) Existence of a Warranty
(2) Breach
(3) Breach of the warranty proximately caused the loss sustained

Here, the seller must know of the particular needs of the buyer at the time of sale and must recommend the product with knowledge.