Strict Products Liability: Based on Negligence

Question 1

Negligence

Answer 1

Plaintiff must show, duty, breach, actual and proximate cause, and damages

Question 2

Duty

Answer 2

Any foreseeable plaintiff

Question 3

Who Can Sue?

Answer 3

Privity no longer requires, so any foreseeable plaintiff

Question 4

Who Can be held Liable?

Answer 4

Commercial suppliers such as manufacturers, wholesalers, and retailers

retailers and wholesalers are hard to get because they can satisfy duty through cursory inspection

Question 5

Breach of Duty

Answer 5

Negligence conduct of defendant leading to the supplying of a defective product.

proof of negligence: same as normal negligence, can use res ipsa

Question 6

Causation

Answer 6

Intermediary’s negligent failure to discover defect, does not supersede the original manufacturer’s negligence UNLESS intermediary’s conduct exceed ordinary foreseeable negligence.

Question 7

Damages

Answer 7

physical injury or property damages must be show

NO SOLE ECONOMIC LOSS AVAILIBLE