Products Liability Flashcards
(4 cards)
A manufacturer’s or seller’s tort liability for any damages or injuries suffered by a buyer, user, or bystander as a result of a defective product. It can be based on a theory of negligence, strict liability, or breach of warranty. Also, the legal theory by which liability is imposed on the manufacturer or seller of a defective product.
Products Liability
An imperfection occurring when the seller or distributor could have reduced or avoided a foreseeable risk of harm by adopting a reasonable alternative design, and when, as a result of not using the alternative, the product or property is not reasonably safe.
Design Defect
An imperfection in a product that departs from the intended design even though all possible care was executed in its assembly.
Manufacture Defect
The failure to adequately warn of a potential risk of harm that is known or should have been known about a product or its foreseeable use. Also, the failure to adequately instruct the user about how to use the product safely.
Warning Defect