Products Liability

1. Breach of warranty

2. Negligence

3. Strict products liability.

3 methods for recovery:

True

True or false: Negligence has the same elements as criminal negligence (duty, breach, cause, harm)

Design the product well

Select component parts well

Test/Inspection

Manufacture w/o error

Warning

Duty and care of the manufacturer is:

Privity

Breach of warranty requires ________ of contract

Strict products liability

manufacturer can be held responsible for faulty product even if they were not at fault or negligent

defective

in order to prove strict products liability you must prove a product was in a __________ condition when sold

manufacturing defect

product doesn't meet specification

defect in design

no economically feasible alternative

warn

there is a duty to _______ about risks inherent to the use of the product that are not open and obvious as well as foreseeable misuses of the product

in order to claim strict products liability, the manufacturer/seller must engage in the business of selling

why can't you claim strict products liability for faulty skis purchased at a yard sale?

Assumption of the risk

Intervening Superseding Clause

Modification

Misuse

Knowledgeable Consumer

What are the defenses to Strict Products Liability ?

privity

There is no _______ in strict products liability

no. modifications were made to the product

John purchases a truck and decides to make it look cooler he needs to put monster truck tires on it. The next day he rolls his truck. Can he claim strict products liability? what defense would you use?

maybe. while he did misuse the chair, the manufacturer also has a duty to provide warning of foreseeable misuse.

Grandpa Joe needed to reach something on the top shelf and decided to use the office chair with wheels on the bottom as a step stool. He fell off and broke his hip. Can he claim strict products liability? what defense would you use?

manufacturing defect

A bolt with a crack in it is an example of a _________ _______.