Chapter 7: Strict and Product Liability

These flashcards cover the key concepts, definitions, and legal principles related to strict and product liability as discussed in Chapter 7.

Strict Liability

Conduct for which the Defendant can be held liable even if the Defendant was not at fault.

Abnormally Dangerous Activities

Activities that are so dangerous that there is still a risk of harm even when reasonable care is exercised.

Product Liability

Liability imposed on manufacturers and sellers for any physical harm or property damage caused by their products.

Negligence

The failure to exercise due care, which can lead to product liability if a product is unsafe.

Misrepresentation

A false statement made knowingly or with reckless disregard for the truth, which induces reliance by a buyer.

Manufacturing Defect

A product that departs from its design in a way that makes it physically flawed, damaged, or incorrectly assembled.

Design Defect

A product that has a reasonable alternative design that the Defendant failed to adopt, making it not reasonably safe.

Inadequate Warnings

Warnings that do not adequately inform users of foreseeable risks of harm associated with a product.

Breach of Warranty

A failure to fulfill a warranty made by the manufacturer or seller, traditionally based in contract law.

Preemption

The principle that a comprehensive federal regulatory scheme can preempt a product liability claim.

Assumption of Risk

When a Plaintiff knowingly and voluntarily assumes the risk of a product defect.

Comparative Negligence

A legal concept that reduces the Plaintiff's compensation based on the proportion of fault they bear.

Knowledgeable User

A defense that argues the dangers of a product are known or should be known by the user.

Statutes of Limitation

Laws that set the maximum time after an event within which legal proceedings may be initiated.