Flashcards in Chapter 6 Deck (21):
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.
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.
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.
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.
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.
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.
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.