Products Liability on a Negligence Theory

Question 1

Who are proper defendants?

Answer 1

1. ∆ selling used gods
2. ∆ repairing used goods
3. ∆ leasing real property
4. ∆ providing services
5. franchisors

Question 2

Elements

Answer 2

1. Duty
2. Breach
3. Causation
4. Damages

Question 3

Duty

Answer 3

Duty is owed to any foreseeable plaintiff

Question 4

Breach of Duty

Answer 4

Breach of duty

• unreasonable conduct
• failure to inspect and discover the defect

Question 5

Causation

Answer 5

Cause-in-fact (actual)

Proximate (legal)