Products Liability - Strict Liability in Tort - Mar. 27

Question 1

How does accident avoidance support strict liability? (Feldman)

Answer 1

By placing the responsibility for product safety in the
hands of those who manufacture, distribute, and market products, strict liability secures maximal protection against unsafe products. (Traynor - Escola)

Question 2

How does loss-spreading support strict liability? (Feldman)

Answer 2

Those in the chain of distribution are in the best position to spread the costs of product accidents. (Traynor - Escola)

Question 3

How does fairness support strict liability? (Feldman)

Answer 3

Strict liability will spread the costs of product accidents across all those who benefit from the product. (Traynor - Escola)

Question 4

What is the Oberdorf enterprise liability test? (Feldman)

Answer 4

The court considers four factors:

1. Whether the actor is the only member of the marketing chain available to the
   injured plaintiff for redress;
2. Whether imposition of strict liability upon the actor serves as an incentive to
   safety;
3. Whether the actor is in a better position than the consumer to prevent the circulation of defective products; and
4. Whether the actor can distribute the cost of compensating for injuries resulting from defects by charging for it in their business.

Question 5

In enterprise liability, why is liability extended to bystanders? (Feldman)

Answer 5

On an enterprise liability conception of product liability,
liability is extended to bystanders (Elmore) because if those responsible for putting defective products on the market are generally the parties in the best position to
guard against product defects and bear the costs of defect-related injuries to users and consumers, they are also the parties best able to do the same with respect to injuries to bystanders. (Elmore)

Question 6

On an enterprise liability conception of product liability why impose liability throughout the chain of production and distribution? (Feldman)

Answer 6

On an enterprise liability conception of product liability, imposing liability throughout the chain of production and distribution ensures maximal protection of the consumer and the fair distribution of the costs of product accidents across the enterprises that engender
them. (Brooks)