Design Defects: The Role of Negligence - April 5

Question 1

When may juries impose liability? (Feldman)

Answer 1

Juries may impose liability whenever a victim’s injuries would have been prevented
or mitigated by the choice of a reasonable alternative design.

Question 2

What happens if juries impose liability no matter what design the manufacturer chooses? (Feldman)

Answer 2

If juries impose liability no matter which design the manufacturer chooses, we have strict liability for the “characteristic risks of a design choice.”

Question 3

What do advocates of negligence liability argue? (Feldman)

Answer 3

Advocates of negligence liability will argue this result is bad because the manufacturer is being held to inconsistent standards.

Question 4

What do advocates of enterprise liability argue? (Feldman)

Answer 4

Advocates of enterprise
liability are likely to argue this result is acceptable based on fairness, accident avoidance, and loss-spreading rationales.

Question 5

What does the third restatement say about design defects? (Feldman)

Answer 5

“A product . . . (b) is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design [(“RAD”)] by the seller or other distributor . . . and the omission of the alternative design renders the product not reasonably safe.”
(§2(a))