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Torts > Strict Products Liability > Flashcards

Strict Products Liability Flashcards

1
Q

What are the types of SPL defects?

A
  1. Manufacturing defects
  2. Design Defects
  3. Warning Defects
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2
Q

When a plaintiff files a products liability case, what are the possible claims on which he can base his action?

A
  1. Negligence
  2. Strict Liability
  3. Breach of warranty
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3
Q

Product Liability Under Negligence Theory

What are the elements the Plaintiff must prove?

A

P must prove

  1. duty,
  2. breach,
  3. causation and
  4. damages
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4
Q

What are the steps to analyzing a products liability claim on a negligence theory?

A
  1. Any foreseeable plaintiff is entitled to bring an action
  2. Analyze the conduct of each D and ask if it was reasonable
  3. Res Ipsa Loquitur takes the place of manuf. def. in neg. theory
  4. Negligence defenses apply
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5
Q

Products Liability - Negligence

Duty

A

Manuf., distributor, retailer, seller owes duty of reas. care to any foreseeable P (

  • purchaser,
  • user,
  • bystander)
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6
Q

Products Liability - Negligence

Breach of duty

A

Failure to exercise reasonable care in the inspection or sale of the product

  • Defect would have been discovered if D wasn’t negligent
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7
Q

Products Liability - Negligence

Causation

A

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
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8
Q

What are the elements of a Strict Products Liability Case?

A

To recover, the P must plead and prove that:

  1. Product was defective (in manuf., design, failure to warn)
  2. Defect existed at the time the product left the D’s control, AND
  3. The defect cause the P’s injuries when used in an intended or reasonably foreseeable way
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9
Q

What is a SPL manufacturing defect?

A

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
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10
Q

What is a SPL Design Defect?

A
  1. Product manuf. as the manuf. intended AND
  2. Product is dangerous b/c of the product’s design
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11
Q

What is the Test for Design Defect?

A

Depends on the Jurisdiction

  1. Consumer Expectation Test OR

Risk-Utility Test

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12
Q

What is the Consumer Expectation Test?

A

Does the product include a condition not contemplated by the ord. consumer that is unreas. dangerous to him?

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13
Q

What is the Risk Utility Test?

A

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
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14
Q

When is there a failure to warn?

A

Failure to give an adequate warning related to the risks of using the product.

Failure to Warn Defect exists if:

  1. there were foreseeable risks of harm
  2. Not obvious to an ordinary user or the product
  3. Which risks could have been reduced or avoided by giving a reas. warning or instruction
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15
Q

Failure to Warn & Prescription Drugs

A

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
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16
Q

Who is a proper plaintiff in SPL?

A

Anyone foreseeably injured by a defective product or whose prop. is harmed by the prod., including:

  • purchasers
  • users
  • bystanders
17
Q

Who is a proper defendant in SPL?

A

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
18
Q

What are the consequences of design defects that are obvious to a consumer?

A

No design defect SPL will attach for obvious defects

19
Q

If a defendant down the distribution chain is sued in SPL for failure to warn, how can the D recover any damages paid?

A

Through their right to indemnity of the manufacturer

20
Q

When can damages be recovered in SPL cases?

A

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
21
Q

When damage is limited to the product, Plaintiff can only bring a claim for what?

A

Breach of warranty

22
Q

When is the defense of misuse available to a defendant in SPL?

A

Misus of product occurs when P uses the product in a way that is not:

  1. intended OR
  2. foreseeable

P can’t recover in SPL

23
Q

What are the defenses to SPL?

A
  1. Misuse
  2. Alteration
  3. Assumption of Risk
24
Q

When is a defense of alteration available to a defendant in SPL?

A

P can’t recover in SPL if:

  1. 3rd party or plaintiff unforeseeably changes the product AND
  2. Change makes it dangeroous
25
Q

When is the defense of assumption of risk available to defendant in SPL?

A

Plaintiff’s actions must be unreasonable

  1. Plaintiff knows of the defect
  2. P comprehends the consequences of the defect
  3. P vol. elects to expose himself to that danger
26
Q

Diferentiate the focus for claiming products liability in Negligence v. SPL

A

Negligence - focus on defendant’s conduct

SPL - focus on products condition

27
Q

When can a warranty theory be used for products liability?

A
  1. Violation of Express Warranty or
  2. Violation of implied warranty
28
Q

When is there an express warranty?

A

When any D makes:

  1. A representation as to the nature or quality of the product AND
  2. Representation becomes the basis of the bargain
29
Q

What is the implied warranty of merchantability?

A

Warrants the Product being sold is:

  1. generally acceptable and reasonably fit for ordinary purpose for which it is being sold
  2. Seller must be a merchant with respect to goods of that kind
30
Q

When the harm is just to the product itself, what cause of action should a plaintiff take?

A

Breach of warranty

31
Q

What is the implied warranty of Fitness for a particular purpose?

A

Product is fit for particular purpose

  1. Seller must know the purpose AND
  2. buyer must rely on sellers skill or judgment in supplying the product

Torts (18 decks)

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