Torts Rules 4

Card Set Information

Author:
woof686
ID:
26378
Filename:
Torts Rules 4
Updated:
2010-07-17 14:35:16
Tags:
Product Liability
Folders:

Description:
Product Liability
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  1. Product liability arises from:
    • Defect in manufacture
    • Defect in design
    • Failure to warn of hazard related to foreseeable
  2. Duty owed to whom?
    Foreseeable plaintiffs (i.e., purchaser, user, bystander
  3. Breach is what?
    Failure to exercise reasonable care om omst[ectopm pr sa;e/
  4. Strict Product liability where:
    Defect posed unreasonable danger to user and:

    • supplier is in the business of selling the product AND
    • it is expected to or reaches the user in an unchanged condition.

    Misuse is not a defense to strict products liability.
  5. Proving manufacturing defect:
    • Product was defectively manufactured
    • Defect existed when product left the defendant's control
    • Defect caused plaintiff injury
    • Plaintiff used product in reasonably foreseeable way
  6. Proving design defect
    • Product defectively designed
    • Defect existed when product left the defendant's control
    • Defect caused plaintiff injury
    • Plaintiff used product in reasonably foreseeable way


    Standards for deciding if design was defective:

    • Dangerous beyond expectation of ordinary consumer
    • There was reasonable alternative design
  7. Proving failure to warn
    • Defect existed when product left the defendant's control
    • Defect caused plaintiff injury
    • Plaintiff used product in reasonably foreseeable way
    • Did not warn of the defect


    NY: manufacturer not liable for post-sale "substantial" modification of product rendering the product unsafe, but must still warn of dangers of modification.
  8. Defenses to strict products liability
    • Comparative negligence
    • Assumption of risk
    • Unforeseeable misuse, modification, or alteration of product by user
    • Substantial change in product before it reached consumer

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