Products Liability Flashcards
Re: Products Liability
What 3 theories can liability be based on?
- Negligence
- Warranty
- Strict Tort Liability
Re: Products Liability
Definition of Products Liability
Liability of a seller of a tangible item, which because of a defect, causes injury to its purchaser, user, or sometimes bystanders.
Injury is usually a personal injury
Re: Products Liability
Negligent theory of Liability- What principles apply?
- Duty
- Breach
- Injury
- Causation
- Ordinary principles of negligence apply when a personal injury has been caused by a CARELESSLY MANUFACTURED PRODUCT.
Re: Products Liability
Who is liable under the negligence theory?
The party who negligently manufactures a product is liable for any personal injuries proximate lay caused by his negligence.
Re: Products Liability
When can bystanders recover?
A bystander can recover if he can show that he was a foreseeable plaintiff.
Re: Products Liability
List the type of defendants whom may be liable for negligence?
Manufactures
Retailers
Other suppliers
Re: Products Liability
In what ways could a manufacturer be liable?
Manu:
- carelessly designed product
- carelessly manufactured it
- carelessly performed (or failed to perform) reasonable inspection and test of finished product
- failed to package and ship the product in a reasonably safe way
- lacked reasonable care to obtain quality components from a reasonable source
Re: Products Liability
When might a retailer be liable?
Negligence-A retailer who sells a defective product may be, but is not usually liable in negligence.
Re: Products Liability
What are examples of the third theory under negligence, other suppliers?
-Bailors of tangible property •rental car companies -Sellers and lessors of real estate -Suppliers of product-related services •hospitals performing blood transfusions
Re: Products Liability
List the types of warranties.
- Implied
2. Express
Re: Products Liability
Define Express Warranty
When a seller expressly represent that her goods have certain qualities.
Re: Products Liability
Define Breach of Warranty
If the goods turn out not to have the qualities, as expressly represented by the seller, the purchaser may sue.
Re: Products Liability
What ways does the UCC state an express warranty may arise?
- Statement of fact or promise about the goods
- Description of the goods
- Use of a sample or model
Re: Products Liability
Is there a Privity Requirement for Breach of Express Warranty?
No.
Re: Products Liability
What makes a breach of express warranty a strict liability?
As long as plaintiff can show that the representation was not a true fact, it doesn’t matter that D reasonably believed it to be true, or that defendant could not possibly have known it was untrue.
Re: Products Liability
List the Types of Defects
- Manufacturing Defects
- Design Defect
- Inadequate Warnings (type of design defect)
Re: Products Liability
Describe when there might be a manufacturing defect.
When a product emerges from the manufacturing process not only different from other products, but also more dangerous than it would have been had it been correctly process.
Re: Products Liability
Describe when there might be a design defect
When all products of a line are made identically according to manufacturing specifications, but have dangerous propensities due to their mechanical features/packaging.
Re: Products Liability
Describe when Inadequate Warnings can be a type of defect
When a product does not have clear and complete warnings of any dangers that may not be apparent to users.
Re: Products Liability
What must the plaintiff prove to prevail under a manufacturing defect?
The plaintiff need to prove the product was dangerous beyond the expectation of the ordinary consumer because of a departure from its intended design.
Re: Products Liability
Under Design Defect: List the factors considered by courts under “feasible alternative”
- Usefulness and desirability of product
- Availability of safer alternative products
- The dangers of the product that have been identified by the time of trial
- likelihood and probable seriousness of injury
- obviousness of the danger
- normal public expectation of danger
- avoid ability of injury by care in use of product
- feasibility of eliminating the danger without seriously impairing the product’s function or making it unduly expensive
Re: Products Liability
Under Design Defect, what must plaintiff prove?
A less dangerous modification or alternative was economically feasible.
Re: Products Liability
List two types of implied warranty
- Fitness for particular purpose
2. Merchantability
Re: Products Liability
Define Implied Warranty of Fitness for a Particular Person
A guaranty that the product is fit for a specific purpose
