Strict Liability Flashcards
What are the types of product defects?
Manufacturing defects, design defects and inadequate warnings
What is a manufacturing defect?
Deviation from an intended design
What is a design defect?
Foreseeable risk of harm that could have been mitigated by feasible alternative design
What is inadequate warning?
No reasonable instructions or warnings about risk of harm
When is a product defective by design?
(1) the design creates a foreseeable risk of physical harm and (2) that risk could have been mitigated by a reasonable alternative design
When can a buyer bring a products liability action against a seller?
For breach of the implied warranty of merchantability, implied warranty of fitness for particular purpose and for a breach of an express warranty.
What is the implied warranty of merchantability?
The product is generally acceptable and reasonably fit for its ordinary purpose and the seller is a merchant.
What is the implied warranty of fitness for a particular purpose?
The product is fit for a particular purpose
What is an express warranty?
Any affirmation of fact or promise made by the seller regarding product that is part of the basis of the bargain.
When can a seller be liable for a breach of the implied warranty of fitness for a particular purpose?
When the seller knows the particular purpose for which the product is being purchased and the buyer relies on the seller’s judgment or skill in selecting a product suitable for that purpose.
What is an abnormally dangerous activity?
Transporting and storing hazaradous materials and gasoline, fumigating, crop dusting with toxic chemcials, storing explosives… etc.
What is a defense to strict liability for an abnormally dangerous activity?
Assumption of the risk when the plaintiff voluntarily confronted a known risk of harm.
Who may subject to strict products liability?
Any commercial supplier in the chain of distribution if the product contained a defect when it left that commercial supplier’s control and the defect caused the plaintiff’s harm.
To recover in an action based on stricts products liability, what elements must the plaintiff prove?
The defendant was a commercial seller, the product was defective when it left the defendant’s control, the defect caused the plaintiff physical harm.
