Ch 10 - Product Liability Flashcards
1
Q
Design defect
A
All products of that type are defective
2
Q
Failure to warn (adequately)
A
Manufacturer failed to warn about dangers associated with the product
3
Q
Negligence
A
Duty of care to provide safe product
Breach of duty
Breach cause of injury
Actual injury
4
Q
Negligence per se
A
Statute violation that causes the harm the statute was meant to prevent
5
Q
Defenses against negligence
A
Comparative negligence Contributory negligence (not even a little) Assumption of risk State of the art Preemption (sometimes)
6
Q
Strict product liability
A
Merchant seller Defective condition makes product unreasonably dangerous No substantial change in product Product was the cause of the injury Actual injury
7
Q
Defenses against strict product liability
A
Comparative & contributory Assumption of risk Unforeseen misuse of product State of the art Preemption (sometimes)
8
Q
Manufacturing defect
A
Individual product defect
