Products Liability

Question 1

Re: Products Liability

What 3 theories can liability be based on?

Answer 1

1. Negligence
2. Warranty
3. Strict Tort Liability

Question 2

Re: Products Liability

Definition of Products Liability

Answer 2

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

Question 3

Re: Products Liability

Negligent theory of Liability- What principles apply?

Answer 3

1. Duty
2. Breach
3. Injury
4. Causation
   - Ordinary principles of negligence apply when a personal injury has been caused by a CARELESSLY MANUFACTURED PRODUCT.

Question 4

Re: Products Liability

Who is liable under the negligence theory?

Answer 4

The party who negligently manufactures a product is liable for any personal injuries proximate lay caused by his negligence.

Question 5

Re: Products Liability

When can bystanders recover?

Answer 5

A bystander can recover if he can show that he was a foreseeable plaintiff.

Question 6

Re: Products Liability

List the type of defendants whom may be liable for negligence?

Answer 6

Manufactures
Retailers
Other suppliers

Question 7

Re: Products Liability

In what ways could a manufacturer be liable?

Answer 7

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

Question 8

Re: Products Liability

When might a retailer be liable?

Answer 8

Negligence-A retailer who sells a defective product may be, but is not usually liable in negligence.

Question 9

Re: Products Liability

What are examples of the third theory under negligence, other suppliers?

Answer 9

-Bailors of tangible property
•rental car companies
-Sellers and lessors of real estate
-Suppliers of product-related services
•hospitals performing blood transfusions

Question 10

Re: Products Liability

List the types of warranties.

Answer 10

1. Implied

2. Express

Question 11

Re: Products Liability

Define Express Warranty

Answer 11

When a seller expressly represent that her goods have certain qualities.

Question 12

Re: Products Liability

Define Breach of Warranty

Answer 12

If the goods turn out not to have the qualities, as expressly represented by the seller, the purchaser may sue.

Question 13

Re: Products Liability

What ways does the UCC state an express warranty may arise?

Answer 13

1. Statement of fact or promise about the goods
2. Description of the goods
3. Use of a sample or model

Question 14

Re: Products Liability

Is there a Privity Requirement for Breach of Express Warranty?

Answer 14

No.

Question 15

Re: Products Liability

What makes a breach of express warranty a strict liability?

Answer 15

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.

Question 16

Re: Products Liability

List the Types of Defects

Answer 16

1. Manufacturing Defects
2. Design Defect
3. Inadequate Warnings (type of design defect)

Question 17

Re: Products Liability

Describe when there might be a manufacturing defect.

Answer 17

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.

Question 18

Re: Products Liability

Describe when there might be a design defect

Answer 18

When all products of a line are made identically according to manufacturing specifications, but have dangerous propensities due to their mechanical features/packaging.

Question 19

Re: Products Liability

Describe when Inadequate Warnings can be a type of defect

Answer 19

When a product does not have clear and complete warnings of any dangers that may not be apparent to users.

Question 20

Re: Products Liability

What must the plaintiff prove to prevail under a manufacturing defect?

Answer 20

The plaintiff need to prove the product was dangerous beyond the expectation of the ordinary consumer because of a departure from its intended design.

Question 21

Re: Products Liability

Under Design Defect: List the factors considered by courts under “feasible alternative”

Answer 21

• 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

Question 22

Re: Products Liability

Under Design Defect, what must plaintiff prove?

Answer 22

A less dangerous modification or alternative was economically feasible.

Question 23

Re: Products Liability

List two types of implied warranty

Answer 23

1. Fitness for particular purpose

2. Merchantability

Question 24

Re: Products Liability

Define Implied Warranty of Fitness for a Particular Person

Answer 24

A guaranty that the product is fit for a specific purpose

Question 25

Re: Products Liability

Define Implied Warranty of Merchantability

Answer 25

A guaranty that the product is fit for ordinary purposes.