Cases - Products Liability Flashcards
1
Q
Products Liability
MacPherson
A
- 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
2
Q
Products Liability
Baxter
A
- “Shatterproof” Windshield Shatters
- Validity of Express Warranty Like This
3
Q
Products Liability
Henningsen
A
- Husband bought wife new car and steering wheel fell off and car crashed
- Implied warranty of merchantability
4
Q
Products Liability
Greenman
A
- 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
5
Q
Products Liability
Prentis
A
- 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
6
Q
Products Liability
Green v. Smith & Nephew
A
- Latex Gloves
- Consumer contemplation/expectation test for liability
- Manufacturer Strict Liability for Normal Use Defect
7
Q
Products Liability
Anderson
A
- 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
8
Q
Products Liability
Daly
A
- Negligent Driving Combines With Negligence in Design
- Comparative fault counts in strict product liability cases
9
Q
Products Liability
Erie v. Amazon
A
- Retailers are not sellers and are not liable for design defect strict liability
10
Q
Products Liability
Hector
A
- Injury from Defective Pacemaker
- Hospital is not subject to strict liability for a product provided to a patient during the course of her treatment
