Products Liability Torts

Question 1

Types of Product Defects

Answer 1

(1) manufacturing defect; (2) design defect; and (3) failure to warn

Question 2

Types of Products Liability Claims

Answer 2

(1) negligence; (2) strict liability; and (3) breach of warranty

Question 3

Negligence

Answer 3

A commercial supplier supplies a defective product that is unreasonable and dangerous and the product causes injury and damages

Question 4

Strict Liability

Answer 4

Strict duty by a commercial supplier if: (1) the product was defective; (2) the defect existed at the time the product left the defendant’s control; and (3) the defect caused the plaintiff’s injury

Question 5

Implied Warranty of Merchantability

Answer 5

The product is average acceptable quality and fit for ordinary purposes

Question 6

Implied Warranty of Fitness

Answer 6

The product is fit for particular purposes and the buyer relies

Question 7

Express Warranty

Answer 7

Affirmative facts or promises that form the basis of the bargain that causes the plaintiff’s injury

Question 8

Negligent Misrepresentation

Answer 8

(1) misstatement of material fact; (2) seller intended to induce reliance; (3) the reliance was justifiable; (4) causation; and (5) damages