Products Liability

Question 1

What is products liability?

Answer 1

The liability of a manufacturer/seller of product to someone who suffers injuries caused by product

(under theories of defect in manufacture, design, or warnings)

Question 2

What are the three theories of recovery for products liability?

Answer 2

1. Negligence
   Manufacturer who negligently made product is liable for P’s personal injuries
2. Warranty
   Buyer of good that is not in the condition as contracted can bring action for breach of warranty (express v. implied)
3. Strict liability
   Seller of product is strictly liable for personal injuries by product if it was sold in defective condition

Question 3

What are the three types of products defects?

Answer 3

1. Manufacturing defect
2. Design defect
3. Warning defect

Question 4

What is a manufacturing defect?

Answer 4

A particular aspect of the product is different from (and thus more dangerous than) all the others b/c the product deviated from the intended design

Question 5

What is a design defect?

Answer 5

A product’s design itself is defective and unreasonably dangerous

Question 6

What is a warning defect?

Answer 6

The product is unsafe b/c the maker failed to warn the product’s danger or the danger in the product’s use

Question 7

Why is the application of strict liability for product’s design or warning defect controversial?

Answer 7

Manufacturers claim that the application strict liability has:

1 - kept good products off the market

2 - inhibited product development

3 - created an unreasonable “tort tax” on products