Strict Products Liability Flashcards
What are the types of SPL defects?
- Manufacturing defects
- Design Defects
- Warning Defects
When a plaintiff files a products liability case, what are the possible claims on which he can base his action?
- Negligence
- Strict Liability
- Breach of warranty
Product Liability Under Negligence Theory
What are the elements the Plaintiff must prove?
P must prove
- duty,
- breach,
- causation and
- damages
What are the steps to analyzing a products liability claim on a negligence theory?
- Any foreseeable plaintiff is entitled to bring an action
- Analyze the conduct of each D and ask if it was reasonable
- Res Ipsa Loquitur takes the place of manuf. def. in neg. theory
- Negligence defenses apply
Products Liability - Negligence
Duty
Manuf., distributor, retailer, seller owes duty of reas. care to any foreseeable P (
- purchaser,
- user,
- bystander)
Products Liability - Negligence
Breach of duty
Failure to exercise reasonable care in the inspection or sale of the product
- Defect would have been discovered if D wasn’t negligent
Products Liability - Negligence
Causation
P must prove factual and proximate causation
- BUT when seller sells goods with a known defect & w/out giving adequate warning, the failure to warn may be a superseding cause, breaking the chain of causation
What are the elements of a Strict Products Liability Case?
To recover, the P must plead and prove that:
- Product was defective (in manuf., design, failure to warn)
- Defect existed at the time the product left the D’s control, AND
- The defect cause the P’s injuries when used in an intended or reasonably foreseeable way
What is a SPL manufacturing defect?
A deviation from what the manufacturer intended the product to be that caused harm to the P
- Test - Whether the product conforms to the D’s own specifications
What is a SPL Design Defect?
- Product manuf. as the manuf. intended AND
- Product is dangerous b/c of the product’s design
What is the Test for Design Defect?
Depends on the Jurisdiction
- Consumer Expectation Test OR
Risk-Utility Test
What is the Consumer Expectation Test?
Does the product include a condition not contemplated by the ord. consumer that is unreas. dangerous to him?
What is the Risk Utility Test?
Do the risks posed by the product outweigh its benefits?
- P must prove that a reasonable alternative design was available to the D
- The alt. design is econ. feasible AND
- the failure to use that design rendered the product not reas. safe
When is there a failure to warn?
Failure to give an adequate warning related to the risks of using the product.
Failure to Warn Defect exists if:
- there were foreseeable risks of harm
- Not obvious to an ordinary user or the product
- Which risks could have been reduced or avoided by giving a reas. warning or instruction
Failure to Warn & Prescription Drugs
Learned Intermediary Rule
- Manuf. of prescription drugs typically satisfies the duty to warn by warning prescribing physician of problems with the drug
- Unless:
- Manuf. knows drug will be dispensed w/out pers. intervention or evaluation of a healthcare provider OR
- In the case of birth control pills
Who is a proper plaintiff in SPL?
Anyone foreseeably injured by a defective product or whose prop. is harmed by the prod., including:
- purchasers
- users
- bystanders
Who is a proper defendant in SPL?
Must be in the business of selling (inlcudes chain of distribution - manuf., distributor, and retail seller)
- If provides both product & services - liab. if the defective product is consumed, not if product is only used
- Casual sellers & auctioneers not SL
What are the consequences of design defects that are obvious to a consumer?
No design defect SPL will attach for obvious defects
If a defendant down the distribution chain is sued in SPL for failure to warn, how can the D recover any damages paid?
Through their right to indemnity of the manufacturer
When can damages be recovered in SPL cases?
When a plaintiff suffers pers. injury or prop. damage
- Purely econ. loss - not allowed under strict liability theory but can be brought under warranty action
When damage is limited to the product, Plaintiff can only bring a claim for what?
Breach of warranty
When is the defense of misuse available to a defendant in SPL?
Misus of product occurs when P uses the product in a way that is not:
- intended OR
- foreseeable
P can’t recover in SPL
What are the defenses to SPL?
- Misuse
- Alteration
- Assumption of Risk
When is a defense of alteration available to a defendant in SPL?
P can’t recover in SPL if:
- 3rd party or plaintiff unforeseeably changes the product AND
- Change makes it dangeroous
When is the defense of assumption of risk available to defendant in SPL?
Plaintiff’s actions must be unreasonable
- Plaintiff knows of the defect
- P comprehends the consequences of the defect
- P vol. elects to expose himself to that danger
Diferentiate the focus for claiming products liability in Negligence v. SPL
Negligence - focus on defendant’s conduct
SPL - focus on products condition
When can a warranty theory be used for products liability?
- Violation of Express Warranty or
- Violation of implied warranty
When is there an express warranty?
When any D makes:
- A representation as to the nature or quality of the product AND
- Representation becomes the basis of the bargain
What is the implied warranty of merchantability?
Warrants the Product being sold is:
- generally acceptable and reasonably fit for ordinary purpose for which it is being sold
- Seller must be a merchant with respect to goods of that kind
When the harm is just to the product itself, what cause of action should a plaintiff take?
Breach of warranty
What is the implied warranty of Fitness for a particular purpose?
Product is fit for particular purpose
- Seller must know the purpose AND
- buyer must rely on sellers skill or judgment in supplying the product
