Products Liability

Strict Products Liability

Product defective, the defect existed when it left D’s control, and the defect caused P’s injury when product used foreseeably.

Manufacturing Defects

Product deviated from intended design OR doesn’t conform to D’s own specifications.

Design Defects

• Consumer expectation test: less safe than an ordinary consumer would expect

• Risk-utility test: risks > benefits and no reasonable alternative design

Failure to Warn

Failure to give adequate warnings as to foreseeable risk not known to ordinary user.

Products Liability Defenses & Fault

Defenses

1. Assumption of risk

2. Product misuse if not reasonably foreseeable

3. Compliance w/ gov’t or industry standards (relevant, not conclusive)

4. “State of the art” product safety already utilized

5. Service providers not liable for products liability

6. Fault: if contributory fault JX, assumption of risk completely bars recovery; if comparative fault JX, it reduces recovery

Negligent Products Liability

Duty, breach, causation, damages (and defenses). Applies to casual sellers NOT in the chain of distribution.

Products Warranties

Express when promise/affirmation/description is the basis of bargain, unless seller’s opinion

• Implied Warranty of Merchantability: product suitable for ordinary purpose for which it’s sold

• Fitness for a Particular Purpose: seller knows buyer wants goods for particular purpose, buyer relies on seller