Products Liabilty

Question 1

T/F

A product does not have to carry a warning against open and obvious dangers.

Answer 1

True

Question 2

Name the elements to establish a prima facie case for products liability

Answer 2

(1) The defendant sells a product that the plaintiff uses
(2) The defendant is the commercial seller of such a product
(3) The plaintiff suffers an injury
(4) When the defendant sold the item, the item was defective
(5) The defect was an actual and proximate cause of the plaintiff’s injury

Question 3

In what ways can a product be defective?

Answer 3

In its manufacturing, in its design, or in its failure to include a warning label or instructions.

Question 4

T/F

If a defendant can prove that they exercised due care to prevent harm from their product, they will not be held liable

Answer 4

FALSE

It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.