1L Torts Product Liability Flashcards
Specific Cards Directly Related to Product Liability (14 cards)
Battery Theory of Products Liability (Rule) [Product Liability]
In order for the plaintiff to recover on a theory of intent
(battery), the plaintiff must prove that the manufacturer, distributor, or supplier knew the product would cause harm.
Look for product tampering (ie, Tylenol poisonings)
Breach of Warranty Theory of Products Liability (Rule) [Product Liability]
Liability can be imposed against the manufacturer or seller of a product based upon the buyer’s reliance upon express or implied warranties that the goods are of merchantable quality and are fit for their intended purpose.
Express Warranty or Implied Warranty (photo, description, nonverbal assurance, merchantability)
Goods are not merchantable - do not meet ordinary commercial standards…
Goods are not fit for intended purpose - watch for stated purpose and implied warranties.
Design Defect (Rule) [Product Liability]
Product is designed as intended, but creates an unreasonable danger to consumers.
“state of the art” is a defense…
Implied Warranty (Rule) [Product Liability]
The assurances implied in law, that the product is generally fit for normal use (UCC 2-314), and where a seller knows of a purchaser’s intended use, fitness for a particular purpose (UCC 2-315).
MacPherson v Buick (Rule) [Product Liability]
Rule: A person or company who is negligent in manufacturing a product is liable for injuries caused to the ultimate purchaser of the product even without privity.
Note
Applies when someone not in privity (not the original purchaser) is injured by a product.
Manufacturing Defect (Rule) [Product Liability]
The product is not made as intended.
Negligence Theory of Products Liability (Rule) [Product Liability]
In order for a plaintiff to recover under a negligence
theory of products liability, the plaintiff must prove duty, breach, causation, and damages.
Duty rule to use in Negligence:
- Manufacturers owe a duty to make products which meet ordinary commercial expectations
- Sellers owe a duty to sell products which meet ordinary commercial expectations.
No privity? Cite MacPherson v Buick.
Breach
Plaintiff must prove the product failed to meet ordinary commercial expectations. (matches the duty)
Actual Cause & Proximate Cause: as usual
Damages: Prove the harm, and then damages are limited to personal injury and harm to property. No lost wages.
Notes:
A duty of care originally extended only to those in privity of contract, but under MacPherson v. Buick, the duty was extended to all foreseeable users.
To establish breach, the plaintiff must show that the product failed to meet ordinary commercial expectations. Damages are limited to personal and property.
Products Liability (Breach of Warranty)
Liability can be imposed against the manufacturer or seller of a product based upon the buyer’s reliance upon an express or implied warranty that the goods are of merchantable quality or are fit for their intended
purpose.
Products Liability (IRAC) [Product Liability]
Three IRAC Sections for every Products Liability problem.
- General Rule
- Type of Breach
— Defective in Design
— Defective in Manufacture
— Defective in Warning
- Theory
— Battery or Negligence
— Strict Liability
— Breach of Warranty
Products Liability (Rule) [Product Liability]
A manufacturer or seller who releases an unreasonably dangerous product into the stream of commerce will be liable for any harm the product causes.
In order to recover, it must be proved that the product is defective in design, manufacture, or warning.
The plaintiff may assert one of four theories, including [battery, negligence, breach of warranty, strict liability - choose one] which applies here.
Note, three sections to IRAC! Memorize this whole rule.
Strict Liability (Rule) [Strict Liability]
Rule: Liability without fault where the defendant has not acted negligently or unreasonably under the circumstances.
Imposed against a defendant even though the defendant has done nothing intentionally wrong and has not acted unreasonably under the circumstances.
*Traditionally imposed for the keeping of dangerous animals, and the carrying on of abnormally dangerous activities.
Nuclear Power Plants, Explosives, etc.
Strict Liability Theory of Products Liability (Rule) [Product Liability]
Strict liability may be imposed against a manufacturer or seller of a product which is defective and thereby unsafe for its anticipated use, or for failure to warn the consumer of an inherent danger involved in the use of the product when put to an intended or foreseeable use.
To prevail in a products strict liability action, the plaintiff must prove:
1) manufacture or sale of the product was by defendant,
2) existence of the defect,
3) the product and its defective aspects were the actual and proximate cause of the plaintiff’s injuries, and
4) the defect existed at the time the product left the defendant’s hands.
Warning Defect (Rule) [Product Liability]
Dangers are not apparent to customer and there is no warning about the dangers.
Warranty (Rule) [Conditions to Performance]
A covenant in which one party attests to certain facts.
Express Warranty: Written or verbally stated
Implied Warranty: Obligation imposed even if no promise has been made. (ie, cruise boat contract - implied the boat will float)
