Products Liability

Question 1

Theories of liability

Answer 1

Intent, negligence, strict liability, implied warranty of merchantability, fitness for particular purpose, representation theory (express warranty, misrepresentation)

Question 2

Common elements to all products liability cases:

Answer 2

1) Defect 2) Defect when product left D’s control

Question 3

What is necessary to show: Manufacturing Defect? Design Defect?

Answer 3

Manufacture: Show that product failed to perform as safely as ordinary consumer would expect.
Design: Product could have been designed safer without seriously compromising utility or price

Question 4

Government safety standards: Results from noncompliance and compliance

Answer 4

noncompliance=defective. Compliance = evidence that not defective but NOT conclusive.

Question 5

Defense:

Answer 5

Scientifically unknowable risk (D not held liable), 2) Unavoidably unsafe product (knives)

Question 6

Liability based on Strict Tort:

Answer 6

1) commercial supplier 2) producing/selling defective product 3) actual/proximate cause 4) damages

Question 7

Strict Liability elements:

Answer 7

nature of D’s activity imposes an ABSOLUTE DUTY TO MAKE SAFE 2) dangerous aspect of activity was actual and proximate cause of injury 3) P suffered damage to person or property

Question 8

Warnings:

Answer 8

Product is “legally” defective if it was unreasonably dangerous and could be made safer by adequate warnings.