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Flashcards in Chapter 6 Deck (21):

Product Liability

The liability of manufacturers, sellers, and others for the injuries caused by defensive products.



A tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.


Intentional Misrepresentation

A tort in which a seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby. Also known as fraud.


Strict Liability

A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.


Chain of Distribution

All manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction.


Product Defect

Something wrong, inadequate, or improper in the manufacture, design, packaging, warning, or instructions about a product.


Defect in Manufacture

A defect that occurs when a manufacturer fails to (1) properly assemble a product, (2) properly test a product, or (3) adequately check the quality of the product.


Defect in Design

A defect that occurs when a product is improperly designed.


Crashworthiness Doctrine

A doctrine that says automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person's body striking something inside the automobile in the case of a car accident.


Failure to Warn

A defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.


Defect in Packaging

A defect that occurs when a product has been placed in packaging that is insufficiently tamperproof.


Failure to Provide Adequate Instructions

A defect that occurs when a manufacturer does not provide detailed directions for safe assembly and use of a product.


Punitive Damages

Monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.


Generally Known Dangers

A defense that acknowledges that certain products are inherently dangers and are known to the general population to be so.


Government Contractor Defense

A defense that says a contractor who was provided specifications by the government is not liable for any defect in the product that occurs as a result of those specifications.



A defense that relieves a seller of product liability if the user abnormally misused the product. Products must be designed to protect against forseeable misuse.


Supervening Event or Intervening Event

An alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability.


Statute of Limitations

A statute that requires an injured person to bring an action within a certain number of years from the time he or she was injured by a defective product.


Statute of Repose

A statute that limits the seller's liability to a certain number of years from the date when the product was first sold.


Contributory Negligence

A defense that says a person who is injured by defective product but has been negligent and has contributed to his or her own injuries cannot recover from the defendant.


Comparative Fault

A doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages.