Ch 6: Products Liability Flashcards
(15 cards)
What must a plaintiff prove in a products-liability suit based on negligence?
A plaintiff must prove:
* Duty of reasonable care owed by the manufacturer, distributor, retailer, or seller
* Breach of reasonable care in inspection or sale
* Actual and proximate causation
* Damages for personal injury or property damage
Economic loss is not recoverable under this standard.
What are the three elements required for strict products liability?
The plaintiff must prove:
* The product was defective
* The defect existed when the product left the defendant’s control
* The defect caused the plaintiff’s injury during intended or reasonably foreseeable use
The plaintiff does not need to be in privity of contract with the defendant.
Who qualifies as a ‘seller’ under strict products liability?
A ‘seller’ includes:
* Manufacturer
* Distributor
* Retail seller
Casual sellers and service providers are generally not strictly liable.
What constitutes a manufacturing defect?
A manufacturing defect exists when the product fails to conform to the manufacturer’s intended specifications.
This is distinct from design defects.
How is a design defect determined?
A design defect is determined under:
* Consumer-expectation test
* Risk-utility test
The plaintiff must prove an economically feasible alternative design was available.
What is a failure-to-warn defect?
A failure-to-warn defect exists if:
* The product has foreseeable risks not obvious to an ordinary user
* Risks could have been reduced with reasonable instructions or warnings
The learned-intermediary rule applies to prescription drugs and medical devices.
What types of damages can a plaintiff recover in a product liability case?
A plaintiff may recover damages for:
* Personal injury
* Property damage
Claims for purely economic loss must be brought as a breach-of-warranty action.
What is comparative fault?
Comparative fault reduces the plaintiff’s recovery based on their own negligence.
This applies in most jurisdictions.
What is contributory negligence?
Contributory negligence means the plaintiff’s negligence does not serve as a defense if they failed to discover a defect or misused the product.
It can bar recovery in some jurisdictions.
What is assumption of the risk?
Assumption of the risk is a complete bar to recovery in contributory-negligence jurisdictions. In comparative-fault jurisdictions, it only reduces recovery.
It applies when the plaintiff knowingly engages in risky behavior.
What is the implied warranty of merchantability?
The implied warranty of merchantability warrants that the product is generally acceptable and reasonably fit for ordinary purposes.
This warranty is applicable unless explicitly disclaimed.
What is the implied warranty of fitness for a particular purpose?
This warranty ensures that a product is fit for a specific purpose if the seller knows that purpose and the buyer relies on the seller’s skill or judgment.
Breach allows for recovery of damages.
What are express warranties?
An express warranty is an affirmation of fact or promise about a product that is part of the basis of the bargain.
The seller is liable for any breach, regardless of fault.
What defenses are applicable to warranty claims?
Defenses include:
* Disclaimers
* Comparative fault and assumption of the risk
* Contributory negligence
* Product misuse
* Failure to provide notice of breach
Each defense affects recovery differently.
What is the statute of limitations for product liability claims?
The statute begins to run when the injured party discovers (or should discover) their injury and its connection to the product.
This can vary by jurisdiction.
