Product Liability (Ch. 12) Flashcards Preview

Torts > Product Liability (Ch. 12) > Flashcards

Flashcards in Product Liability (Ch. 12) Deck (16):
1

Certification of a Class

Court's agreement to allow one or more members of the class to serve as representative for the other members of the class

2

Class action

Suit in which representative members of a class sue on behalf of other members of the class

3

defective warning

defect arising out of a manufacturer's failure to give adequate warning or directions for use - it is the warning that is defective rather than the product.

4

design defect

Defect arising out of a manufacturer's use of an unreasonably dangerous design

5

Economic Loss

Diminution in the value of a product

6

Express Warranty

Express representation by a seller that a product possess certain qualities

7

Implied Warranty

Representations as to a product's qualities that are implied by virtue of the product being offered for sale

8

Manufacturing defect

defect arising out of a deviation in the manufacturing process

9

Preempts

Prohibits a state tort law claim due to a federal enactment

10

Privity

Requirement that the P must contract directly with the D in order to recover for losses

11

Product Liability

The liability of a manufacturer, seller, or other supplier of a chattel which, because of a defect, causes injury to a consumer, user, or in some cases a bystander; liability can be based on any of 3 theories:
-negligence
-warranty
-strict liability

12

Statutes of Repose

Statutes of limitations in reference to sale of products (from the date of the original sale)

13

Unavoidably unsafe products

Products incapable of being made safe for their ordinary and intended use

14

Warranty of Fitness for a Particular Purpose

Implied warranty that goods are suitable to be used for a particular (non-customary) purpose

15

Warranty of Merchantability

Implied warranty that goods are fit for the ordinary purpose for which they are used.

16

Elements of a Strict Liability Claim

-Was a product sold? (vs service)
-Was it defective?
-Was the defective product the proximate cause and cause in fact of the P's injuries?
-Did the defect exist at the time it left D's hands?
-Was it manufactured or sold by the D?