Torts II Flashcards
1
Q
What is strict liability?
A
Liability that is imposed without fault. Reasoning = if you engage in certain inherently dangerous activities, you bear the risk they cause even if you took all precautions.
1 of 3 kinds of tort liability.
2
Q
What is a survival action?
A
claim based on the harm or injuries that the decedent suffered before death. The claim already existed at the time of death. It survives for benefit of estate or legal survivors.
3
Q
What is a wrongful death action?
A
A statutory cause of action, that allows certain surviving family members or beneficiaries to recover damages for their own losses, resulting from a wrongul act, negligence or fault of another that caused death.
4
Q
LA staute for survival action
A
Analyzes the order of beneficiaries, allows a succession representative to sue if no listed beneficiaries exist, and can pass to heirs (but doesnt mean you get extra time to sue).
5
Q
Damages for survival actions
A
lost earnings
medical expenses
pain and suffering
emotional distress of decedent
property damage
6
Q
LA statute for wrongful death action
A
Looks to order of beneficiaries?
1 year prescription from death
Protects family interests and prevents double jeopardy.
7
Q
wrongful death damages
A
funeral expenses
medical expenses
loss of income
emotional distress
loss of consortium
8
Q
Prescriptive period for survival action
A
Filed within 1 year of death. Tied to the victims original cause of action –> Did the claim expire at the time of the victims death?
9
Q
Prescriptive period for a wrongful death action
A
Runs from the date of death and expires after 1 year if no legal action is taken.
10
Q
Common law strict liability for wild animals
A
Party is always liable for the injuries caused by dangerous propensities. Wild in this context means not commonly devoted to human service in the local community.
11
Q
Common law rule – strict liability for domesticated animals
A
Party is strictly liable when the owner knows or has reason to know of dangerous propensities.
AND
The animal has shown vicious tendencies.
12
Q
Louisiana strict liability doctrines
A
Wild animals
Certain dog injuries
Ultra hazardous activities
13
Q
Common law strict liability doctrines?
A
Injuries by animals
Abnormally dangerous activities
14
Q
Louisiana rule – strict liability for animals
A
General rule for all animals is that the owner is liable if they
1) Knew or should have known the animals behavior would cause harm.
2) The owner could have prevented the harm by exercising reasonable care.
3) The owner failed to act reasonably.
15
Q
LA rule for when strict liability applies to dogs
A
The dog caused damage, the owner could have prevented the harm, and the injury was not provoked by the victim.
16
Q
LA rule for livestock and strict liability
A
An owner is SL if the livestock escapes, and injury could have been prevented with reasonable care.
Exceptions: Fortuitous event, no fault of the owner, provocation by a third party.
17
Q
Common law rule – strict liability for animal tresspass
A
SL for livestock that damages property while roaming.
No liability for domestic pets unless negligence is shown.
18
Q
LA Rule — strict liability for animal tresspass
A
SL applies if the owner is at fault
19
Q
Strict liability for abnormally dangerous activities
A
6 factor test
1) high degree of risk or harm
2) likelihood of severe harm
risk cannot be eliminated by reasonable care
4) the activity is uncommon
5) inappropriate location?
6) the danger outweighs the community value.
20
Q
defense to SL
A
acts of God
superseding causes
21
Q
In LA, what are the abnormally dangerous acitvities that you will be SL for?
A
Pile driving
Blasting with explosives
All other activities use negligence test
22
Q
Premises liability – persons off the property
A
landowners owe a duty to prevent unreasonable risks to people outside the property when… the hazard is artificial.
Ct. says less duty is required for natural conditions especially in rural settings.
23
Q
Assumption of the risk defense
A
Where a defendant argues that the pl. knowingly and voluntarily accepted the risk of the harm therefore the def. isn’t fully liable.
24
Q
Louisiana Comparative Fault
A
If a pl. knowingly exposed themselves to risk, their recovery can be reduced in proportion to their fault. However, the pl. is not completely barred from recovering.
25
What is constant trespass exception
If a landowner knows that tresspassers reguarly use part of their land, they owe a duty to warn or make safe of ~hidden dangers~
26
What is attractive nuisance doctrine
Landowners may be liable for artificial conditions that lure in children. (This rule doesn't usually apply to natural conditions).
27
What is the LA rule for premises liability?
Courts lean towards the reasonableness standard especially for social guests.
28
Legal definition of a tresspasser
Someone who enters without permission.
Duty owed to trespassers is none besides cant put intentional traps.
29
What is an invitee + what duty is owed to them?
An invitee is someone on the premises by express or implied invitation, for mutual benefit. (Usually economic).
Duty owed --> reasonable care to keep the premises safe, inspect for dangers, and to warn or fix dangers.
30
What is a licensee + what duty is owed to them?
someone on the premises for their own purpose usually a social guest.
Duty owed --> refrain from willful harm and warn of known hidden dangers.
31
Premises liability
The legal responsibility of landowners for injuries that occur on or near their property.
32
3 LA nuisance statutes covered?
A municipality has the power to remove a public nuisance such as a wrecked car.
Illegal gambling houses = nuisance
vicinage obligations --> certain duties imposed on neighboring landowners
33
Defenses to nuisance
comparative fault
assumption of the risk
"coming to the nuisance" - balancing test. Does the defendants activity fit within the character of the area?
34
Remedies for nuisance
1) compensatory damages for past and future harm if the nuisance is permanent.
2) injunctive relief -- if abatement is impractical then ct. may award permanent damages
3) Self help abatement -- pl. may remove the nuisance after notice and refusal by defendant.
35
How is liability for nuisance determined in LA law?
When the landowner knew or should have known their activity would cause damage, the damage could have been prevented by reasonable care, and failed to exercise that reasonable care.
Landlord may be liable if they had constructive knowledge.
36
nuisance per se vs. nuisance per quod
pe se -- always a nuisance
per quod - becomes a nuisance over time. such as a business causing excessive noise
37
permanent nuiscane vs. temporary nuisance
permanent = cannot "practically" be removed.
temporary = can be abated such as stinky pigs next door
38
Private nuisance
substantial and unreasonable interference with a pl. use and enjoyment of land in which they have a possessory interest.
39
public nuisance
3 elements
1) Unreasonable Interference -- defendant’s conduct must significantly interfere with public rights.
2) The interference must affect interests shared by the public, such as:
Public health (e.g., pollution)
Public safety (e.g., storing explosives unsafely)
Public morals (historically, things like houses of prostitution)
Use of public spaces (e.g., obstructing highways or waterways)
3) Substantial Harm -- the interference must be substantial enough to offend, inconvenience, or harm the public.
40
Nuisance
A harmful or annoying human activity or physical condition and the harm caused by that activity or condition.
prevents use of enjoyment of property
41
difference between trespass and nuisance
trespass deals with interference of a possession + physical invasion
someone walking on to your land uninvited
nuisance is an interference of use of enjoyment such as odors, noise, vibrating.
noise blasting
42
How to prove a private nuisance claim?
The interference must be unreasonable under the circumstances.
Courts apply a balancing test to determine this:
Nature and character of the neighborhood.
Utility or social value of the defendant’s conduct.
The extent and duration of the harm.
Whether the plaintiff is using their property in a normal or hypersensitive way.
43
Vicarious liability
liability imposed on one party for the tortious acts of another due to a special relationship.
key element = relationship opens the door to liability
44
Louisiana vicarious liability and fault apportionment
When an employer shares liability for the employees percentage of fault.
Also
If the employer is also directly liable, their separate fault must be allocated.
Example if an employee is 20% at fault the employer will be 20% at fault.
If the employer negligently hired then that fault would be separate.
45
Employers and Intentional Torts Louisiana
Employers are liable if the intentional tort is closely tied to employment duties.
If the intentional tort was motivated purely by personal reasons, then no liability.
46
Borrowed employee doctrine
Factor based test the ct. used to determine if an employee is borrowed. (When an employee is hired by one employer but then becomes under the control of another employer).
The borrowing employer might become liable or granted certain protections.
47
Louisiana Employer Liability
Employers are liable for employees torts if the tort committed was in the exercise of employment duties. And the employer could have prevented the harm but failed to.
LA applies "right of control" test to distinguish an employee from an independent contractor.
48
Parental Liability in Louisiana
Parents are strictly liable for torts of their minor children living with them.
Liability still applies even if the child is too young for negligence and the parent wasn't negligent.
49
Vicarious liability -- bailments
Generally a bailor is not vicariously liable unless they give control of a dangerous item to someone unfit.
Example: Giving a car to a reckless driver.
50
Vicarious liability -- joint enterprises
JE = where two or more persons agree to work together for a common purpose
One person may be held liable for the wrongful acts of another in a joint enterprise when
1) Express or implied agreement
2) common purpose for pecuniary gain
3) equal control over the enterprise
51
vicarious liability -- Independent contractors
Generally no liability except when
1) non delegable duty
2) peculiar risk (inherently dangerous work)
3) illegal activities
4) apparent authority - if the principal creates a reasonable belief that the contractor act on their behalf
52
Course and scope of employment in vicarious liability cases
frolic = substantial personal deviation
detour = minor deviation. With a detour an employer is liable.
commuting = generally outside the scope of employment unless the employer provided transportation as part of the job.
slight deviation = personal acts close in time, purpose, or distance of the job may still be within scope
53
How does comparitive fault impact punitive damages?
Does not lower it, purpose is to punish the defendant.
54
Joint and severable liability -- common law
multiple tortfeasors are liable for the entire harm if the injury is indivisible.
55
Does Louisiana have joint and severable liability?
No it has been abolished.
Each defendant is only liable for their own percentage of fault.
Pl. can only recover from each defendant in proportion to that defendants fault.
56
3 different doctrines of fault apportionment
Pure comparative fault (what Louisiana uses) - pl. damages are reduced in proportion to their fault. Governs the fault of all parties and applies to all torts besides intentional torts.
Modified comparative fault - pl. recovery is barred or reduced... pl can recover if less than 50% at fault
or pl. can recover if they 50% OR less at faut.
Contributory negligence - complete bar to recovery if pl is any amount at fault. (super rare).
57
Workers comp.
employers are automatically responsible for most workplace injuries regardless of fault (SL standard).
replaces tort claims against employers with no fault system this guarentees benefits such as medical expenses, wage replacement, etc.
does not apply to intentional acts
58
elements for workers comp. claim
injury is caused by an unexpected identifiable event during employment. Physical or mental injury occurs and that injury causes a disability preventing work.
employees can sue in tort if there's an intentional act.
59
Limits of workers comp. claims
Workers comp doesnt bar suits like civil rights claims and claims unrelated to work injuries
60
Auto Insurance -- Statutory compensation
auto insurance is entirely statutory
all states require it in some form
and there are two primary systems known as 1) no fault 2) fault based insurance
61
No fault insurance
insurance designed to speed up compensation reduce minor accident litigation, where each driver recovers from their insurer regardless of fault.
Pl. insurer may seek reimbursement from at fault drivers insurer. If the injury is serious the pl. can still sue under traditional tort law.
62
no fault insurance --- non economic damages
generally you cannot sue the at fault driver for things like...
pain and suffering
emotional distress
loss of enjoyment of life
Unless the threshhold requirement is met --> significant or permanent loss of bodily function, permanent injury, significant disfigurement,
63
Fault based insurance
Louisiana is a fault based state. therefor at fault driver is responsible for damages. The pl. must prove fault to recover.
**no pay no play rule applies** limited recovery for uninsured drivers even if you aren't at fault
64
what is subrogation in insurance?
Insurer pays the insured and then seeks reimbursement from the at fault party.
In Louisiana the insured must be fully compensated before the insurer can exercise subrogation.
Applies in personal injury torts and 3rd party liability cases.
65
UM and UIM Coverage
protects the driver when the at fault driver lacks sufficient insurance
Louisiana mandates it unless expressly waived
Public policy favors broad UM protection.
66
phantom vehicle doctrine
allows UM recovery when an unidentifiable driver causes an accident if supported by an independent witness.
67
Stacking UM coverage
combining multiple UM policies to cover one loss. Louisiana limits stacking and says only one UM policy applies unless you're injured while riding in another persons car.
68
workers comp. -- car accidents
commuting accidents fall into auto insurance not workers comp.
injuries during job related driving may trigger workers comp and a 3rd party tort claim against negligent drivers. In this scenario, the employer may seek reimbursement for benefits paid if the 3rd party is liable.
69
what is defamation
A false and unprivileged statement of fact that is published or communicated to a third party, which causes injury to the subject’s reputation.
70
2 different kinds of defamation
Libel = written or published defamatory statements.
Slander = spoken defamatory statements.
71
In defamation cases what is a good first approach?
Ask how the defamatory statement was made. Written or spoken?
72
Elements of a defamation claim
A false and defamatory statement concerning another
Unprivileged publication to a third party
Fault (at least negligence)
Resulting injury - damages or harm caused to pl. reputation.
73
defamation -- injury to reputation
court says a special activity such as a profession may make certain statements more harmful.
special damages may be awarded if you can show that there was monetary harm due to reputational injury
74
defamation -- publication and fault
Plaintiff must show the statement was communicated to a third party.
Level of fault depends on who the plaintiff is.
75
Function and corresponding fault for defamation?
Public official > must prove actual malice
Public figure > must prove actual malice
Private indiviual about a public concern > must prove at least negligence in most states
private individual about a private matter> states can require only negligence or lower.
76
Louisiana prima facie case for defamation
Louisiana Prima Facie Case
(5 elements)
1) False and Defamatory statement
2)Unprivileged publication to a third party
3) Fault (negligence or more)
4) Injury (actual damages)
77
Louisiana nuances -- defamation
no distinction between libel and slander in pleading.
defamation is a criminal offense in Louisiana when it exposes someone to hatred or contempt, damages the memory of the deceased, or harms a businesses reputation.
78
what is defamation per se
Defamation per se is a category of defamatory statements so inherently harmful that the law presumes damages, and the plaintiff does not need to prove actual injury to their reputation.
In Louisiana, like in other jurisdictions, courts recognize certain types of statements as defamatory per se because their content is obviously damaging to a person’s reputation.
79
What are common categories of defamation per se in Louisiana?
Falsely accusing someone of committing a crime
Alleging someone has a “loathsome” disease (e.g., STDs)
Accusing someone of professional incompetence or unethical behavior
Imputing serious sexual misconduct or moral corruption
80
defamation per quod
Defamatory only with additional context/innuendo.
Plaintiff must show extrinsic facts (the “inducement”) that show why the statement is defamatory.
Pl. must prove actual damages
81
"Public Concern Doctrine" -- Defamation and first amendment rights issues.
When the allegedly defamatory statement involves a matter of public concern, the Constitution imposes additional burdens on the plaintiff.
RULE = In cases involving speech on matters of public concern, the First Amendment requires the plaintiff to show that the statement is false and made with fault (e.g., negligence or actual malice, depending on plaintiff status).
82
How to courts deem a matter as one of (Public Concern)?
Whether the speech relates to political, social, or other community interests.
Whether the speech involves issues like government misconduct, public safety, discrimination, crime, or corruption.
83
Damages for Defamation Cases
Presumed damages: Damages that the law presumes from the defamatory nature of the statement, even without proof of harm. Available only in limited cases
General damages: Compensate for harm to reputation, mental anguish, shame, or humiliation. Don't require specific proof of loss.
Special damages: Economic losses that must be specifically pleaded and proven (e.g., lost business, lost job, revoked license). Required in per quod cases.
Punitive damages - deter malicious defamation must prove malice.
84
Defamation Privileges
Defenses that protect certain communications—even if they are false and defamatory—because the importance of the communication outweighs the reputational harm.
85
Absolute Privileges vs. Qualified Privileges
Absolute =
Judicial proceedings: Statements made by judges, lawyers, or witnesses during a trial, deposition, or legal filing (even if false).
Legislative proceedings: Statements made by legislators in floor debates or official reports.
Executive communications: Statements made in official capacities by high-ranking executive officials.
Spousal communications: Communications between spouses are often absolutely privileged.
Qualified =
Employment references or disciplinary evaluations
Reporting suspected crimes to police
Internal corporate or organizational communications
Fair and accurate reporting of official public proceedings (also called the "fair report privilege")
86
Defamation Spousal immunity
Communications between spouses are privileged.
But a third party who starts the defamation may still be liable if the statement is repeated between spouses
87
Constitutional Privileges for Defamatory statements
In cases involving public officials, public figures, or matters of public concern, constitutional privileges apply under the First Amendment.
A plaintiff must prove actual malice to overcome this privilege.
88
Louisianas law concerning a defamatory (opinion)
Under Louisiana law, a statement of opinion is not defamatory unless it implies an assertion of objective fact that is provably false.
89
What are the 4 ways, a tort can be brought for an invasion of privacy?
1) False light
2) Intrusion Upon Seclusion
3) Public Disclosure of Private Facts
4) Appropriation (Right of Publicity)
90
What are the elements for a (Intrusion Upon Seclusion) claim?
1) Intentional intrusion (physical or otherwise)
2) Upon the plaintiff’s solitude or seclusion
3) Where the plaintiff has a reasonable expectation of privacy
4) Intrusion is highly offensive to a reasonable person
91
Louisiana Laws for Invasion of Privacy
Under La. R.S. 15:1303, intercepting and disclosing wire, electronic, or oral communications is illegal.
Stalking and cyberstalking are criminalized under Louisiana statutes.
92
Elements for a (Public Disclosure of Private Facts) claim.
Elements:
1) Publicity of a private fact
2) Highly offensive to a reasonable person
3) Not of legitimate concern to the public
Key Principles
Information must be truly private
Truth is not a defense; malice or intent is not required
Giving “extra publicity” to public info ≠ invasion
Rest. 2d §652D: Requires lack of legitimate public concern.
93
confidentiality vs. privacy
Breach of confidentiality arises from special relationships (e.g., doctor-patient, therapist).
May overlap with privacy claims, but rooted in relationship-based duty.
94
False Light Claim
invasion of privacy that occurs when a person is publicly portrayed in a misleading or inaccurate way that would be highly offensive to a reasonable person, even if the information is not technically defamatory.
95
What are the elements of a false light claim?
Publicity:
The defendant gave publicity to a matter concerning the plaintiff.
“Publicity” means wide dissemination, not just communication to a few people (distinguished from defamation).
False Light:
The matter places the plaintiff in a false light that would be highly offensive to a reasonable person.
“False light” can include embellishment, distortion, or fictionalization.
Actual Malice (for public figures or public concern):
If the publication is about a public figure or matter of public concern, the plaintiff must also prove actual malice, i.e., that the defendant acted with:
Knowledge of falsity or
Reckless disregard for the truth.
96
Other important rules for false light claims
False light often overlaps with defamation but is broader:
Defamation protects reputation.
False light protects mental/emotional well-being.
False light does not require harm to reputation or that the statement be defamatory.
A party cannot argue truth as a defense, if the portrayal is misleading. Even if each individual fact is true, presenting them in a misleading context can trigger liability.
97
Malice standard for false light claims & Offensiveness standard for false light claims
Actual Malice Standard:
Applied to false light claims when the subject is of public interest.
Offensiveness Standard:
Must be “highly offensive to a reasonable person,” not just embarrassing or annoying.
98
Appropriation Claim
AKA Appropriation of Name and Likeness
Appropriation occurs when the defendant uses another person's name, likeness, or identity without consent for their own benefit, typically for commercial purposes.
Elements:
1) Use of the plaintiff’s name or likeness
2) For the defendant’s benefit (Most often commercial gain (e.g., advertising)
3) W/o the plaintiffs consent.
4) Resulting in injury or harm.
99
Common Law Fraud/ Deceit
To prove fraudulent misrepresentation, a plaintiff must show:
1) False Representation of a Material Fact
Must be about a present or past fact, not opinion or puffery.
2) Knowledge of Falsity (Scienter)
The defendant knew the statement was false, or made it recklessly without knowing whether it was true.
3) Intent to Induce Reliance
Defendant intended for the plaintiff to rely on the statement.
4) Actual and Justifiable Reliance by Plaintiff
The plaintiff did rely, and the reliance was reasonable under the circumstances.
5) Damages
The plaintiff suffered actual, measurable harm as a result.
100
Negligent Misrepresentation
1) The defendant makes a false statement of fact in the course of their business or profession,
2) Fails to exercise reasonable care or competence in obtaining or communicating the information,
3) The plaintiff relied justifiably on the information, and
4) The plaintiff suffered pecuniary loss.
Scienter (knowledge of falsity) is not required—only negligence.
This tort is generally limited to business or professional contexts, and to plaintiffs who were foreseeably intended to rely on the statement.
101
Innocent Misrepresentation
A false statement, made without fault - an honest mistake.
Generally not actionable in tort, unless special circumstances exist (e.g., in rescission of a contract).
Not enough to establish liability for damages unless fraud or negligence is shown.
102
Justifiable Reliance (Key limiting factor)
Even if the statement is false, the plaintiff must have acted reasonably in relying on it.
Courts may deny recovery if:
The truth was obvious or easily discoverable,
The plaintiff had a duty to investigate (e.g., through an inspection),
There was a disclaimer or warning.
103
Fraud/ Misrepresentation Damages
1) Benefit of the Bargain (contractual):
What plaintiff expected to receive (had the statement been true)
minus what they actually received.
Often used in fraud cases.
OR
2) Out-of-Pocket Loss (tort):
What plaintiff paid minus the actual value received.
More conservative and concrete.
104
Puffery vs. an actionable mis-statement
Puffery = exaggerated or vague claims (e.g., “best coffee in the world”) → not actionable.
Specific factual claims (“This car has never been in an accident”) → can be actionable if false.
105
Legal statements as misrepresentation
Traditionally not actionable unless made by a lawyer.
Modern view (Rest. 2d § 545(2)): Depends on context; courts now may treat legal misstatements as fact if reliance is reasonable.
106
Fraud in Louisiana Law
Scienter is required (the plaintiff must prove knowledge of falsity).
If fraud is proven, parole evidence may be admitted to reform or nullify the contract.
107
Louisiana Fraud Principles
Fraud requires scienter (knowledge of falsity).
Without fraud, parol evidence cannot be used to contradict a written contract.
If fraud proven → contract may be reformed or nullified, not both.
108
SC and Fraud
Supreme Court emphasized traditional causation and loss rules in misrepresentation claims.
Highlights complexity of proving loss in investment fraud contexts.
109
Negligence in Products Liability
A manufacturer, distributor, or seller is liable in negligence for injuries caused by a defective product if they failed to exercise reasonable care in the design, manufacture, inspection, or warning of dangers associated with the product, and the breach was the actual and proximate cause of the plaintiff’s injury.
110
Theories of Recovery for products liability
Negligence – Failure of due care in manufacture, design, or warnings.
Breach of Warranty – Express or implied promises about product quality.
Strict Liability – Liability without fault for selling a defective product that is unreasonably dangerous.
111
Products Liability Elements
Elements:
Duty
Breach
Actual Causation
Proximate Causation
Damages
112
Express Warranty -- Products Liability
Definition: Specific affirmation or promise about a product that becomes part of the basis of the bargain.
Elements of Express Warranty Claim:
Seller made a specific promise/affirmation.
Product did not conform.
Buyer suffered damage.
113
How to prove a product is defective?
Key Rule: The product must be not reasonably safe due to defect at time of sale or distribution.
1) Manufacturing Defect:
Product departs from intended design, even with due care.
2) Design Defect:
Foreseeable risks could have been reduced by a reasonable alternative design.
3) Warning Defect:
Risks could have been avoided by adequate instructions or warnings.
114
Products Liability -- who does liability apply to?
Manufacturers
Component suppliers
Distributors/Dealers (if no inspection or obvious defects)
115
Risk utility Test
Used to determine if a product’s design is unreasonably dangerous.
Product’s utility to the public.
Product’s utility to the individual user.
Severity of the foreseeable injury.
Availability of a safer design.
Functionality and cost of a safer design.
Warnings and consumer awareness of danger.
Manufacturer’s ability to spread safety costs.
116
2 types of risk utility balancing
Foresight-Based Test (Negligence-like):
Did the manufacturer act unreasonably given what was foreseeable at the time of design?
Hindsight-Based Test (Strict Liability-like):
Did the manufacturer market a product that turned out to be unsafe, regardless of care?
117
If a plaintiff wants to prevail on their design defect claim, what must they prove?
Present evidence of a reasonable alternative design.
118
How to prove a defect?
Can be proven without direct evidence, using testimony and logic.
Can be proven by res ipsa. Plaintiff must show...
The event would not occur absent negligence.
Defendant had exclusive control.
Plaintiff did not contribute.
Limitations:
If the product was altered or prior accidents occurred, RIL may be unavailable.
119
Regulations and Products Liability
A violation of a safety statute may support negligence per se.
Compliance with regulations does not shield defendants from liability, including punitive damages.
120
Defenses in products liability cases
Comparative fault: In a products liability action—whether based on strict liability, negligence, or warranty—a plaintiff’s recovery may be reduced in proportion to their own fault if their conduct contributed to their injury.
This is true even if the defendant is strictly liable (i.e., liable without proving fault).
Product misuse defense?
Not a complete defense unless the misuse was not foreseeable.
Misuse may:
Lead to comparative fault reduction.
Break the chain of causation if unrelated to the defect.
121
Products Liability -- Generic v. Brand name rule
A brand-name manufacturer may be liable for injuries caused by generic equivalents if it created the label and the risk of inadequate updates was foreseeable.
122
Products liability damages
Recovery allowed for harm to persons or property, but not pure economic loss.
123
PL -- punitive damages
Punitive damages are appropriate where a manufacturer knowingly markets a dangerous product and prioritizes profit over consumer safety.
124
PL - damages under warranty theory
Recovery = value as warranted – value as received.
