products liability Flashcards
3 possible claims in a products liability case
- negligence
- strict products liability
- breach of warranty
CAN sue for intentional tort if defendant intended consequences of the defect
Strict products liability
- product was defective (manufacture, design, failure to warn)
- defect existed when it left D’s control
- AND defect caused injuries when used the right way or in a reasonably foreseeable way
3 kids of defects for strict products liability
manufacturing defect
design defect
failure to warn
manufacturing defect
doesnt conform to defendant’s own specifications
design defect
consumer expectations test - does product include a condition not contemplated by consumer that is unreasonably dangerous
Risk utility test - risk outweigh benefits? must prove reasonable alternative design
Failure to warn
- foreseeable risks of harm
- not obvious to ordinary user
- could have been reduced or avoided
Who can be held strictly liable for defective product?
BUSINESS OF SELLING
Anyone in chain of distribution
seller of a component part
ONLY if the component itself was defective, not if it was incorporated into a product that is defective for another reason
Do you need harm?
YES - need personal injury or property damage, cannot have purely economic loss
defense to strict products liability
comparative fault subjective assumption of the risk product misuse or modification substantial change (superseding cause) SOL
Things that ARENT defenses
disclaimers
govt standards - not conclusive
warranties
merchantability - generally acceptable and reasonably fit
fitness for a particular purpose - seller knows of particular purpose and buyer relies on seller’s skill
Express - affirmative fact or promise
Do you need to prove fault for a breach of warranty?
NO - any product that fails to live up to the warranty = breach
Defenses to warranty claims
Disclaimers (except CANNOT limit consequential damages and CANNOT disclaim express warranties generally)
