Products Liability

Question 1

Products Liability - Negligence

Answer 1

1) Duty—reasonable care owed to any foreseeable P by commercial manufacturer/distributor/retailer/seller
2) Breach—failure to exercise reasonable care in inspection/sale of product (i.e., defect would have been discovered if D wasn’t negligent)
3) Causation—factual & proximate
4) Damages—actual injury/property damage, not pure economic loss
5) Defenses—contributory/comparative negligence and A/R

Question 2

Strict Product Liability

Answer 2

1. Elements
   • Product was defective (in manufacture, design, or failure to warn)
   • Defect existed when it left D’s control
   • Defect caused P’s injury when used in a reasonably foreseeable way
   • Damages - personal injury or property damage, pure economic loss must be brought under warranty action

Question 3

Strict Products Liability-Parties

Answer 3

1. Plaintiff - not required to be in privity of contract - anyone foreseeably injured
2. Defendants - must be in the business of selling (includes manufacturer, distributor, and retail seller)

Question 4

Strict Product Liability - Defenses

Answer 4

• Contributory negligence—P’s negligence not a defense if P misused product in reasonably foreseeable way or negligently failed to discover defect
o A/R—complete bar to recovery
• Product misuse, alteration, or modification by the user precludes or reduces recovery if not reasonably foreseeable by the manufacturer

Question 5

Breach of Product Warranty and Privity

Answer 5

MBE - No privity

GA- privity required