Products Liability

Question 1

Products Liability Statement

Answer 1

“There are 3 theories of liability in products liability: strict liability in tort, negligence, and breach of warranty.”

2. Discuss ALL 3 unless told differently
3. Discuss defenses after each one

Question 2

Strict Products Liability

Answer 2

1.Defendant is a commercial supplier — are in the business of selling or otherwise distributing products (includes manufacturers, wholesalers, retailers, distributors)

2. Defendant sells or distributes a defective product (places it in the stream of commerce):
   i. Manufacturing defect
   ii. Design defect
   iii. Inadequate instructions or warnings
3. The defect actually and proximately causes the harm to a foreseeable person (not limited to whoever bought the product)

Question 3

Manufacturing Defect

Answer 3

Product departs from its intended design — that is, it contains a flaw (error on the assembly line)

Question 4

Design Defect

Answer 4

Common to the entire product line, causing the products to be generically dangerous

1. Risk/utility - product as used is inherently dangerous AND there is no significant utility to it
2. The foreseeable risks of harm could have been reduced or avoided by the adoption of a reasonable alternative design
3. The omission of the alternative design renders the product not reasonably safe.”

Question 5

Warning/Marketing/Information Defect

Answer 5

i. Defendant knows or has reason to know

ii. that the product is likely to be dangerous for the use for which it is supplied; and

iii. defendant has no reason to believe that the users of the product will realize it’s dangerous condition; and

iv. fails to inform the users of the product’s dangerous condition or of the facts which make the product likely to be dangerous.