Products Liability Flashcards
1
Q
Products Liability Doctrine
A
Commercial seller is strictly liable for any defective condition existing at the time of sale
2
Q
Who can sue for Products Liability?
A
Any Foreseeable user, consumer, rescuer or bystander. Privity is not required, don’t have to be purchaser
3
Q
Potential Products Liability Defendants?
A
Anyone in Manufacturer chain
4
Q
Products Liability Damages
A
Personal injury and property loss, not purely economic loss
5
Q
Defenses to Products Liability
A
- Assumption of Risk; contributory neg. is no defense
- Product Misuse (not foreseeable)
- Adequate Warning: Clear, conspicuous, properly displayed
6
Q
Leased Products
A
Can sue for strict liability still
7
Q
Unavoidably Dangerous
A
Must give proper warning and instructions for use
