Products Liability

Question 1

Three Different Claims that May Be Brought For Products Liability

Answer 1

(1) Negligence
(2) Strict Liability for Defective Products
(3) Breach of Warranty Claim

Question 2

Strict Products Liability: Three Types of Product Defects

Answer 2

(1) Manufacturing defect
(2) Design defect
(3) Failure to warn

Question 3

Strict Products Liability: Elements of a Claim

Answer 3

(1) Product was DEFECTIVE;
(2) Defect existed when it left D’s CONTROL; and
(3) Defect caused P’s injury when product was ued in a reasonably FORESEEABLE way

Question 4

Manufacturing Defect

Answer 4

Product does not conform to manufacturer’s own specifications

Question 5

Design Defect

Answer 5

Two different tests:

(1) CONSUMER EXPECTATION TEST: dangerous beyond expectation of ordinary consumer
(2) RISK-UTILITY TEST: risk > benefits and must show that there is a reasonable alternative design

Question 6

Failure to Warn

Answer 6

(1) FORESEEABLE risk of harm;
(2) NOT OBVIOUS to ordinary user of product; and
(3) Risk COULD HAVE BEEN REDUCED/AVOIDED with reasonable warning

Question 7

Failure to Warn: Learned Intermediary Rule

Answer 7

Manufacturers of prescription drugs must WARN THE PRESCRIBING PHYSICIAN

Exception: Drugs marketed directly to consumers

Question 8

Plaintiffs in Products Liability Claim

Answer 8

Anyone foreseeably injured may recover

No privity requirement

Question 9

Defendants in Products Liability Claim

Answer 9

Anyone who SELLS the product when it is defective may be strictly liable

MUST BE IN THE CHAIN OF SELLING

Question 10

Damages

Answer 10

P may recover for:

(1) Personal injury; or
(2) Property damage

Question 11

Damages: Pure Economic Loss

Answer 11

Must be brought under WARRANTY ACTION