Strict Products Liability Flashcards
What are the elements of a strict products liability claim?
(1) defective productive unreasonably dangerous;
(2) sold by a commercial seller in the business of selling that product;
(3) foreseeable plaintiff;
(4) actual cause;
(5) proximate cause;
(6) damages;
What are the three ways a product can be defective?
(1) manufacturing defect
(2) design defect
(3) inadequate warnings
What is a manufacturing defect?
Product manufactured in a way other than how it was intended
What is a design defect?
Product made as intended, but still presents a danger of injury because of the flawed design
What are the two tests for a design defect?
(1) consumer expectation test (FL)
(2) risk utility test
What is the consumer expectation test?
Test for a design defect. Product is more dangerous than would be contemplated by the ordinary consumer who possesses ordinary knowledge common to the community
What is an inadequate warning?
The warning is nonexistent or not reasonable to the common user
Who can be a foreseeable plaintiff in a products liability suit?
Literally anyone. User, consumer, or bystander physically injured by the defective product.
How do you prove causation in a products liability suit?
Defect was in existence when it left the manufacturer
What are defenses to strict products liability?
(1) misuse
(2) alteration
(3) assumption of the risk
What are the elements of product liability based on a warranty theory?
(1) warranty (express or implied)
(2) breach
(3) causation
(4) damages
What is an express warranty?
a statement of fact or promise regarding goods sold that becomes part of the basis of the bargain
What are the elements of product liability based on express warranty?
(1) Express warranty — relied upon by purchaser
(2) Breach — product fails to live up to the warranty
(3) Causation — actual and proximate
(4) Damages — personal, property, and economic loss
What is the implied warranty of merchantability?
seller of a particular kind of good warrants that goods are of average acceptable quality (i.e., without defects) and generally fit for their ordinary purpose
What is the implied warranty of fitness?
D knows P is purchasing for a particular purpose and P is relying on D’s knowledge + expertise that goods are fit for that purpose
