Products Liability

Theories of recovery

1. Negligence

2. Warranty

3. 402A Products Liability

Restatement Section 402A

(1) one who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if

(a) the seller is engaged in the business of selling such a product, and

(b) it is expected to and does reach the user or ultimate consumer without substantial change in the condition in which it is sold

(2) the rule stated applies although

(a) the seller has exercised all possible care in the preparation and sale of his product, and

(b) the user or consumer has not bought the product from or entered into any contractual relation with the seller

Implied warranty of merchantability

the thing sold is reasonably fit for the general purpose for which it was manufactured and sold

Implied warranty of fitness for purpose

the thing sold was fit for the buyer’s specific purpose

1. Buyer expressly or impliedly makes known to seller particular purpose for which goods are required

2. Buyer appears to have relied on seller’s skill or judgment

Types of product defects

1. Manufacturing defect

2. Design defect

3. Warning defect

Gov’t contractor defense

Contractor not liable for design decisions made by gov’t

Express warranty

Buyer can recover for failure of goods to comply with manufacturer’s representations, when such failure is not readily discoverable

Manufacturing defect

1. Product does not conform in some significant aspect to the intended design or the majority of products manufactured to that design

2. Such defects result from some mishap in the manufacturing process, improper workmanship, or defective materials

3. The defective condition proximately causes the injury

Design defect

Negligence-esque approach - risk/utility analysis

If probability of injury times the gravity of injury is greater than the cost of a reasonable alternative design, defendant is liable

Generally: Whether the risk of harm outwieghts the utlity of a particular design

Also: Did the manufacturer make reasonable design choices in light of the alternatives and risks?

Warning defect

Inadequate warnings or instructions on the use and dangers of a product

Often negligence-style

Plaintiff’s conduct defenses

1. Comparative negligence

2. Misuse/abnormal handling (complete defense)

   1. Look for unlocked lock situations

Federal preemption defense

Federal agency regulations preempt state tort law (Supremacy Clause)

If a product meets federal standards but not state, no suit