Products Liability

Question 1

Negligence

Answer 1

As with any negligence action, the plaintiff in a products-liability case based on a negligence theory must prove duty, breach, causation, and damages.

Question 2

Elements of a Claim (Strict Products Liability)

Answer 2

To recover under a theory of strict products liability, the plaintiff must plead and prove that:

i) The product was defective (in manufacture, design, or failure to warn);

ii) The defect existed when the product left the defendant’s control; and

iii) The defect caused the plaintiff’s injuries when the product was used in an intended or reasonably foreseeable way.

Question 3

Manufacturing Defect

Answer 3

A manufacturing defect is a deviation from what the manufacturer intended the product to be that causes harm to the plaintiff. The test for the existence of such a defect is whether the product conforms to the defendant’s specifications.

Question 4

Failure to Warn

Answer 4

A failure to warn defect exists for a product if there were foreseeable risks of harm not obvious to an ordinary user of the product and the risks could have been reduced or avoided by providing reasonable instructions or warnings.

Question 5

Business of a Seller (defendants)

Answer 5

To be subject to strict liability for a defective product, the defendant must be in the business of selling or otherwise distributing products of the type that harmed the plaintiff.

Question 6

Seller of Component Part (Defendants)

Answer 6

The commercial supplier of a component (e.g., sand used in manufacturing cement, a switch used in an electrical device) is subject to liability if the component itself is defective but not when the component is incorporated into a product that is defective for another reason.

Question 7

Products and Services (Defendants)

Answer 7

A seller that provides both products and services generally is liable if the defective product is consumed (e.g., food at a restaurant) but not if the product is only used (e.g., the vendor of a balloon ride when the balloon itself is defective).

Question 8

Implied Warranties - Merchantability

Answer 8

The implied warranty of merchantability warrants that the product being sold is generally acceptable and reasonably fit for the ordinary purposes for which it is being sold.

Question 9

Implied Warranties - Fitness for a Particular Purpose

Answer 9

The implied warranty of fitness warrants that a product is fit for a particular purpose.

Question 10

Express Warranties

Answer 10

An express warranty is a guarantee—an affirmation of fact or a promise—made by a seller regarding the product that is part of the basis of a bargain.