products liability

Question 1

strict products liability

Answer 1

1) D is a commercial supplier
2) product is defective
3) defective product was actual and proximate cause of P’s injury
4) P used the product in a foreseeable manner

Question 2

types of product defects

Answer 2

1) manufacturing defect
2) design defect
3) inadequate warning

Question 3

manufacturing defect requirements

Answer 3

P must show that the product failed to perform as safely as an ordinary consumer would expect

Question 4

design defect requirements

Answer 4

P must show a technologically and economically feasible alternative design/modification that would be safer as to the risk at issue

Question 5

inadequate warning requirements

Answer 5

P must show that the product failed to have clear and complete warnings of any dangers that would not have been ordinarily apparent to consumers

Question 6

products liability negligence theory

Answer 6

1) duty
2) breach
3) causation
4) damages

Question 7

implied warranty of merchantability

Answer 7

seller warrants that goods are reasonably fit for their intended purpose

Question 8

implied warranty of fitness for a particular purpose

Answer 8

if seller knows/has reason to know the particular purpose for which buyer is purchasing and knows that buyer is relying on seller’s skill/judgment in selecting product, seller implies that goods are fit for that purpose