Products Liability Flashcards
Products liability refers to the liability of a ___________ of a defective product to someone injured by the product.
supplier
What are the theories on which a plaintiff may sue for products liability?
intent, negligence, strict liability, implied warranties of merchantability and fitness for a particular purpose, and representation.
What are the two common elements that must be met for all products liability cases?
the plaintiff must show 1) a defect; and 2) the existence of the defect when the product left the defendant’s control.
What are the types of defects that can be the cause of a products liability case?
manufacturing defects; design defects; and inadequate warnings.
How will a manufacturing defect be proven?
the product failed to perform as safely as an ordinary consumer would expect.
How will a design defect or an inadequate warning be proven?
the plaintiff must show that the defendant could have made the product safer, without serious impact on the product’s price or utility.
A product’s noncompliance with __________________ establishes that it is defective.
government safety standards
Is compliance with safety standards conclusive of a product’s not being defective?
No, it is merely evidence.
What must be shown to prove liability for a product defect under an intent theory?
the same things as for intentional tort.
What must be shown to prove liability for a product defect under a negligence theory?
the same things as for negligence.
Who will be held strictly liable for product defects?
any commercial supplier.
Will casual sellers be held liable for product defects?
no
A manufacturer has no obligation to warn of ____________ dangers.
obvious
