Strict Liability Caused by Products

Question 1

Product Liability

Answer 1

the product can either be a consumer product or industrial product. DONT ALWAYS ASSUME PRODUCTs = SL

Question 2

Elements for strict liability of a product

Answer 2

1. D must be a merchant (ordinarily deals in goods of this kind)
2. P must show that the product is defective
3. P must show that the product that hurt him has not been altered since it left D’s control.
4. P must be making a foreseeable use of the product.

Question 3

Merchant

Answer 3

1. casual sellers - not strictly liable
2. service providers - often make products available but not strictly liable
3. a lessor - someone who leases or rents a product can be held strictly liable.
4. all parties in a distribution chain - an injured P can sue multiple Ds.

Question 4

How do you show a product is defective?

Answer 4

manufacturing defect or design defect

Question 5

manufacturing defect

Answer 5

if it differs from the others that came off the same assemblying line.

Question 6

design defect

Answer 6

A product is defective if it has resudial risk that can’t be designed out, consumer is unaware of that risk, and there’s no warning.

When there’s another way it could have been built that meets a 3 part test:
1. the hypothetical design must be safer
2. it must be cost effective
and 3. it must be practical

Question 7

How do we measure foreseeability of product usage?

Answer 7

Whether P is using the product in a foreseeable manner. (FORESEEABILITY, NOT PURPOSE.)