Chapter 7 Flashcards
(7 cards)
Market-share liability
A court can hold each manufacturer responsible for a percentage of the plaintiffs damages that is equal to the percentage of its market share
Product liability
The legal liability of manufactures sellers and lessors of goods to consumers users and bystandard for injuries or damages that are caused by the goods
Product misuse
A defense against product liability that may be a raised when the plaintiff used a product in a manner not intended by the manufacture. If the misuse is a reasonable foreseeable the seller will not escape liability unless measures were taken to guard against the harm that could result from the misuse
Statue of repose
Basically, a statute of limitations that is not dependent on the happening of a cause of action. Statutes of repose generally begin to run at an earlier date and run for a longer period of time then statues of limitation
Strict liability
liability regardless of fault. In tort law strict liability may be imposed on defendants in cases involving abnormally dangerous activities, dangers animals, or defective products.
Tolling
Temporary suspension of the running of a prescribed (Such as a statute Of limitations). For instants a statue of limitations may be told until the party surfing in an injury has discovered it or should have discovered it
Unreasonable dangerous products
In product liability, a product that is defective to the point of a threatening a consumers health and safety. A product will be considered unreasonably dangerous if it is dangerous beyond the expectation of the ordinary consumer or if a less dangerous alternative was economically feasible for the manufacture but the manufacture failed to produce it