Strict Liability Flashcards
Strict Liability Breach
NV: Inadequate Warning
Warning Must:
1) Designed to reasonably catch the consumers attention
2) of comprehensible language and give fair indication of the specific risks attendants to use of the product, and
3) of sufficent intensity justified by the magnitude of the risk.
Product Liability
Actual Cause
Product has not be altered
- defect existed when left Defendants hands .
- Direct trace to Defendant.
Strict Liability
Defense
1) Contributory negligence
2) Comparative Negligence
3) Disclaimer of Liability ineffective.
Strict Liability
Not only economic loss
Most courts have refused to extend Strict product liability to cases in which P suffers only economic loss when not accompanied by physical harm to the Plaintiff in to bring an action for breach of warning to reduce such damages.
Breach
Manufacture Defect
It differs from all others in the assembly line, in a ways that makes the product more dangerous than customers expect.
Prove:
- failure to perform like and ordinary person would expect.
Strict Product Liability
Duty
A duty is owed by person who ordinarily deals with goods of the type, and merchant can be strictly liable.
Strich Product Liability: Breach
Design Defect
If there is another way that it could have been built.
3 Part test:
1) Safer Version on Market
2) Alternative Design economic or cost efficient
3) Has to be practical
Prove:
* Could be made safer, without sever impact on price or utility.
Tort
Implied Warrant of Fitness for Particular Purpose
Arises when the seller knows or has reason to know
1) The particular purpose for which the goods are requested
2) That a buyer is relying on the sellers skills or judgment to select or furnish suitable goods.
Nevada
Nuisance
1) unreasonable, unwarranted, or unlawful use a person of his own land
2) Obstructs or interferes with rights of public or anthers land,
3) Produces such material annoyance, inconvenience, discomfert or hurt that the law will presumes consequential damages.
