Cases - Products Liability

Question 1

Products Liability

MacPherson

Answer 1

• Defective wheel case
• Manufacturer to Dealer to Buyer
• Manufacturer owes duty of care to ensure products are safe regardless of whether or not they made them. Owes duty of care to anyone beyond the purchaser who they might foresee to sue the product

Question 2

Products Liability

Baxter

Answer 2

• “Shatterproof” Windshield Shatters
• Validity of Express Warranty Like This

Question 3

Products Liability

Henningsen

Answer 3

• Husband bought wife new car and steering wheel fell off and car crashed
• Implied warranty of merchantability

Question 4

Products Liability

Greenman

Answer 4

• P injured when wood flew from the power tool he was using
• Manufacturers who put a defective product into the stream of commerce are strictly liable

Question 5

Products Liability

Prentis

Answer 5

• Guy fell off standing forklift
• Risk Utility Analysis (risk vs. social utility of the design)
• Must be a Defect in Design Itself
• Wade Factors
• Negligent risk utility
• Product test utility

Question 6

Products Liability

Green v. Smith & Nephew

Answer 6

• Latex Gloves
• Consumer contemplation/expectation test for liability
• Manufacturer Strict Liability for Normal Use Defect

Question 7

Products Liability

Anderson

Answer 7

• Asbestos failure to warn case
• Plaintiff failed because failure to
  warn is only warranted with respect to what was known or knowable at the time of
  manufacture

Question 8

Products Liability

Daly

Answer 8

• Negligent Driving Combines With Negligence in Design
• Comparative fault counts in strict product liability cases

Question 9

Products Liability

Erie v. Amazon

Answer 9

• Retailers are not sellers and are not liable for design defect strict liability

Question 10

Products Liability

Hector

Answer 10

• Injury from Defective Pacemaker
• Hospital is not subject to strict liability for a product provided to a patient during the course of her treatment