Products Liability

Question 1

What are theories that P may use?

Answer 1

1) intent
2) negligence
3) SL
4) implied warranties of merchantability and fitness
5) representation theories

Question 2

Elements of PL claim?

Answer 2

1) P must show a defect
2) existence of defect when product left D’s control (presumed if product traveled in ordinary channels of distribution)
3) P must be making foreseeable use of product

Question 3

types of defects?

Answer 3

1) manufacturing: D liable if P can show that product failed to perform as safely as ordinary consumer would expect
2) design defect: P usually must show that D could have made product safer without serious impact on price or utility (Hypothetical alternative design must be safer than item marketed, must be cost-effective, and must be practical)
3) information defect: residual risks that cannot be designed out that consumers aren’t warned about: adequacy of warning varies from case to case

Question 4

What happens if product conforms with government standards?

Answer 4

noncompliance establishes design defect, while compliance is only SOME evidence that product is not defective

Question 5

Is privity required to bring a products liability claim?

Answer 5

NO, except in some implied warranties

Question 6

Defenses to strict products liability?

Answer 6

comparative negligence

Question 7

What is required to bring implied warranty suit?

Answer 7

buyer, family, household, and guests can sue

breach if product doesn’t live up to standard of merchantability or fitness for a particular purpose