Products Liability

Question 1

products liability

Answer 1

the liability of a supplier of a defective product to someone injured by the product

Question 2

5 theories of liability for products liability

Answer 2

(i) intent, (ii) negligence, (iii) strict liability, (iv) implied warranties of merchantability and fitness for a particular purpose, and (v) representation theories (express warranty and misrepresentation)

Question 3

To find liability under any products liability theory, plaintiff must show:

Answer 3

(i) a defect, and

(ii) existence of the defect when the product left the defendant’s control

Question 4

manufacturing defects

Answer 4

if a product emerges from manufacturing different from and more dangerous than the products that were made properly, it has a manufacturing defect`

Question 5

design defects

Answer 5

when all products of a line are the same but have dangerous propensities, they may be found to have a design defect

Question 6

inadequate warnings

Answer 6

a product may be defective as a result of the manufacturer’s failure to give adequate warnings as to the risk involved in using the product that may not be apparent to users

Question 7

For a manufacturing defect, defendant will be liable if

Answer 7

plaintiff can show that the product failed to perform as safely as an ordinary consumer would expect (defendant must anticipate reasonable misuse)

Question 8

For a design defect and inadequate warnings, plaintiff usually must show that

Answer 8

the defendant could have made the product safer, without serious impact on the product’s price or utility (the “feasible alternative” approach)

Question 9

noncompliance with government safety standards establishes

Answer 9

that the product is defective

Question 10

compliance with government safety standards is

Answer 10

evidence, but not conclusive, that the product is not defective

Question 11

breach of duty in a products liability case based on negligence is shown by

Answer 11

(i) negligent conduct of defendant leading to (ii) the supplying of a defective product

Question 12

prima facie case of products liability based on strict tort liability

Answer 12

(i) a commercial supplier of a product;
(ii) producing or selling a defective product;
(iii) actual and proximate cause; and
(iv) damages
For liability to attach, the product must reach plaintiff without substantial alteration

Question 13

The two warranties implied in every sale of goods that can serve as the basis for suit by a buyer against a seller:

Answer 13

1. Merchantability

2. Fitness for a particular purpose

Question 14

implied warranty of merchantibility

Answer 14

whether the goods are of average acceptable quality and are generally fit the ordinary purpose for which the goods are used

Question 15

implied warranty of fitness for a particular purpose

Answer 15

arises when the seller knows or has reason to know the particular purpose for which the goods are required and that the buyer is relying on the seller’s skill and judgment in selecting the goods

Question 16

A seller will be liable for misrepresentations of fact concerning a product where:

Answer 16

(i) The statement was of a material fact concerning quality or uses of goods (mere puffery insufficient), and
(ii) The seller intended to induce reliance by the buyer in a particular transaction

Question 17

prima facie case for implied warranty of merchantibility

Answer 17

(i) the defendant is a merchant who deals in the kind of goods sold;
(ii) the goods were not fit for the ordinary purpose for which such goods are sold;
(iii) the goods were the actual and proximate cause of injury to the plaintiff, and
(iv) the plaintiff suffered economic loss or damages to persons or property