Chapter 7 Flashcards
(23 cards)
what is chapter 7 about
strict liability
what is strict liability
liability without fault; a person who engages in certain activities can be held responsible for any harm that results to others, even if person uses utmost care
product liability
held responsible when product defects cause injury or property damage to consumers, users, or bystanders
what is one application of strict liability
damages proximately causes by an abnormally dangerous activity; (can’t be guarded against by the exercise of reasonable care)
second application of strict liability
persons who keep wild animals; shall they escape from confinement pose a risk
product liability of social policy two factors
manufacturer can better bear the costs of injury because it can spread the cost throughout society by increasing the prices of its good/
the manufacturer is making a profit from its activities and therefore should bear the cost of injury as an operating expenses
bailments
exists when goods are transferred temporarily into the care of another
what can product liability be based one
theories of negligence, misrepresentation, strict liabilities, and warranties; does not require privity of contract
privity of contract
refers to the relationship that exists between the parties to a contract
what does the law impose strict product liability as a matter of
public policy
public policy threefold
consumers should be protected against unsafe products/
manufacturers and distributors should not escape liability for faulty products simply because they are not in privity of contract/
manufacturers and distributors can better bear the costs associated with injuries caused by their products–because they can pass the costs on to all consumers in the form of higher prices
When was “second” torts issued
it was restatement of torts in 1964, 402A
statement 402A requirements
product must be in a defective condition when the defendant sells it/
the defendant must normally be engaged in the business of selling that product/
product must be unreasonably dangerous to the user or consumer because of its defective condition/
plaintiff must incur physical harm/
defective condition must be the proximate cause/
goods must not have been changed from when it was sold to when injury happened
unreasonably dangerous product
product was dangerous beyond the expectations of ordinary consumer/
less dangerous alternative was economically feasible but they failed to produce it
restatement (third) of torts product liability three types
manufacturing, design defects, inadequate warnings
to assert design defect
reasonable alternative design was available/
defendants failture to adopt the alternative designed rendered the product not reasonably safe; pretty much just when the harm was reasonably preventable
market share liability
court can hold each manufacturer responsible for a percentage of the plaintiffs damages that is equal to the percentage of its market share
preemption
what government regulations preempt claims for product liability
Assumption of risk establishing
plaintiff knew and appreciated the risk created by the product defect/
plaintiff voluntarily assumed the risk–by express agreement or by words or conducts00even though it wa unreasonable to do so
product misuse
when a product is used for a purpose for which it was not intended
product liability statute of limitations
2-4 years
tolled
suspended
statutes of repose
place outer time limits on product liability actions
