Products Liability

Question 1

products liability

Answer 1

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

Question 2

Theories of Liability

Answer 2

1. intent
2. negligence
3. strict liability (easy)
4. implied warranties of merchantability and fitness for a particular purpose, and
5. representation theories (express warranty and misrepresentation)

Question 3

common elements

Answer 3

1. a defect and

2. existence of the defect when the product left defendant’s control

Question 4

Types of defects

Answer 4

1. manufacturing defects
2. design defects
3. inadequate warnings

Question 5

Proving a defect

Answer 5

1. manufacturing defects
2. design defects
3. government safety standards
4. scientifically unknowable risks
5. unavoidably unsafe products

Question 6

Existence of defect when product left defendant’s control

Answer 6

the defect must have existed when the product left defendant’s control. This will be inferred if the product moved through normal channels of distribution.

Question 7

liability based on intent

Answer 7

1. privity is not required, so any injured plaintiff can sue
2. in addition to compensatory damages, punitive damages are available
3. the defenses are those available in other intentional tort cases

Question 8

Liability based on negligence

Answer 8

must show the same elements of negligence

Question 9

Liability based on strict liability (case)

Answer 9

1. a commercial supplier of a product
2. producing or selling a defective product
3. actual and proximate cause
4. damages

Question 10

Production or sale of defective product

Answer 10

plaintiff must show that the product is defective. The defect must make the product dangerous beyond the expectation of the ordinary consumer. Retailers may be liable even if they have no opportunity to inspect the product.

Question 11

Causation

Answer 11

for actual cause, plaintiff must show that the defect existed when the product left defendant’s control.

Question 12

disclaimers

Answer 12

irrelevant in negligence or strict liability cases if personal injury or property damages occur.

Question 13

Implied warranties of merchantability and fitness

Answer 13

buyer, family, household, and guests can sue for personal injuries.

Question 14

merchantability

Answer 14

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

Question 15

Fitness for a particular purpose

Answer 15

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

express warranty

Answer 16

any affirmation of fact or promise concerning goods that becomes part of the basis of the bargain creates an express warranty

Question 17

Misrepresentation of fact

Answer 17

a seller will be liable for misrepresentation of facts concerning a product where:

1. the statement was of a material fact concerning quality or uses of goods (mere puffery insufficient)
2. the seller intended to induce reliance by the buyer in a particular transaction.

Question 18

Liability based on negligence, retailers liable?

Answer 18

satisfy their duty through cursory inspection if fail to insect then manufacturer is still liable.