STRICT PRODUCTS LIABILITY Flashcards
(7 cards)
Commercial Supplier
A party in the business of selling the product; retailer, wholesaler, manufacturer, anyone selling the product on a more than casual basis in the ordinary course of business
Strict Products Liability Elements
1) ∆/actor is a commercial supplier of the product
2) the product has a defect when it leaves the actor’s control
3) the product’s condition did not significantly change between leaving actor’s control and the injury
4) the defect actually and proximately causes the injury
Strict Products Liability Elements
1) ∆ is a commercial supplier of the goods
2) there is a defect in the product
Types of Products Liability Defects
1) Manufacturing Defect: the product departs from its intended design and, for that reason, is unreasonably dangerous
2) Design Defect: the product is unreasonably dangerous, not owing to a physical departure from its design
3) Informational Defect: the product fails to provide a reasonable warning of the foreseeable risks, beyond what’s obvious, and as a result is unreasonably dangerous
Consumer-Expectation Test
-PURPOSE: Used to determine whether a product is unreasonably dangerous
-TEST: A product is unreasonably dangerous if it’s more dangerous that a reasonable consumer would expect from use or misuse that is reasonably foreseeable.
Reasonable-Alternative-Design Test
PURPOSE: used to determine whether a design defect is unreasonably dangerous
TEST: reasonable alternative design exists if:
(i) proposed alternative would increase the product’s overall danger
(ii) proposed alternative design would not make the product unsuitable for its proper use
(iii) the proposed alternative (usually as compared to industry standard) is technically and economically feasible
Informational Defect: Reasonable Warning
Reasonably noticeable to the average user: prominently, clearly and concisely states the:
(i) risks associated with foreseeable use/misuse, and failure to heed warning
(iI) ways to mitigate risk
