Strict Products Liability

Question 1

5 theories of Liability

Answer 1

Intent, negligence, strict laibility, implied warranty of merchantability/fitness And representation Theory (express warranty/misrepresentation)

Question 2

Elements

Answer 2

A defect AND existence of defect when product left defendant’s control

Question 3

Manufacturing Defect

Answer 3

Departed from intended design, making it more dangerous than consumers would expect.

Question 4

Design Defect

Answer 4

All products of a line are same but have dangerous propensities.

Question 5

Inadequate Warnings

Answer 5

Failure to give adequate warnings as to risks involved in using product that may not be apparent to users.

Exception: Prescription Drugs/Medical Devices Learned Intermediaries, will suffice in lieu of warnings.

Question 6

Proving the Defect

Answer 6

Manufacturing: not as safe as ordinary consumer would expect.

Design: Product could have been made safer, in a manner that does not seriously impact price or practicality.

Governmental Noncompliance will establish defect.

Question 7

Defendant’s Foreseeability

Answer 7

Defendant will not be held liable for dangers not foreseeable at the time of marketing.

Plaintiff is using the product in a foreseeable manner

Question 8

Unavoidable Unsafe Products

Answer 8

Manufacuteres will not be held liable for some dangerous products (knives) if the danger is APPARENT and there is no safer alternative.

Question 9

Existence of Defect When Left Defendant’s Control

Answer 9

If product goes through normal channels of distribution, there is a presumption that product has not been altered (burden on defendant)

if product is purchased through non-normal channels (burden on plaintiff)