Bar Prep Louisiana Products Liability

LPLA

The ______ is the exclusive remedy against manufacturer’s of products for personal injury.

personal injury

The LPLA is the exclusive remedy against manufacturer’s of products for __________.

Elements of the LPLA

1. D is manufacturer

2. Damage must be proximately caused by

3. Unreasonably dangerous characteristic of the product

4. inadequate warning

5. reasonably anticipated use

6. defect existed when left manufacturer’s control

7. damages

manufacturer

person or entity in business of manufacturing a product for placement into trade or commerce.

"“but for” and foreseeability

Damage must be proximately caused by - combo of ______________ and ___________

foreseeable

Damage must be proximately caused by: “But for” the _________ dangerous characteristic the damage would not have happened

defect

Damage must be proximately caused by: Was of but for/foreseeable that the ______ would cause these injuries to this person?

unreasonably dangerous characteristic

_______________________ of the product by its construction/composition or design

construction/composition

material deviation from product specifications

strict liability

Why is no knowledge of an unreasonably dangerous characteristic by its construction/composition required?

Design

the entire line of product is unreasonably dangerous due to defective specifications

alternative design

For an unreasonably dangerous characteristic of the product by its design: The P must show that an ______________ existed that would have prevented the damage.

Alternative design balancing test

1. moral, social, and economic utility of the product

2. the effects of an alternative design in the utility of the product

3. any new or additional risk created by new design

4. extent to which alternative design would have prevented or reduced the harm

moral, social, and economic utility of the product

Alt Design Balancing Test 1

the effects of an alternative design in the utility of the product

Alt Design Balancing Test 2

any new or additional risk created by new design

Alt Design Balancing Test 3

extent to which alternative design would have prevented or reduced the harm

Alt Design Balancing Test 4

State of the art

Defense for an unreasonably dangerous characteristic of the product by its design

state of art

manufacturer used the best tech at the time and did not know of alt design

Inadequate warning

The warning must alert the consumer as to any potential danger and instruct him regarding how to use the product

conspicuous

Inadequate warning: The warning must be ___________ or else it is useless

continuing

Inadequate warning: A manufacturer has a _________ duty to warn.

warn

Inadequate warning: Whenever the manufacturer later learns or reasonably should have learned of a dangerous characteristic, he has a duty to __________.

Test adequacy of warning

1. likelihood of and gravity of danger

2. feasibility of providing warning given the scientific and tech knowledge at the time

3. manufacturer’s ability to anticipate that a user would be aware of the danger and the nature of the potential danger

likelihood of and gravity of danger

test adequacy of warning 1

feasibility of providing a warning given the scientific and tech knowledge at the time

test adequacy of warning 2

manufacturer’s ability to anticipate that a user or handler would be aware of the danger and the nature of the potential danager

test adequacy of warning 3

obvious

Defense to inadequate warning: 1) danger was ________ to an ordinary, reasonably user

knew or should have reasonably known

Defense to inadequate warning: 2) user ____________ of the danager

manufacturer

Defense to inadequate warning: 3) ___________ did not know or reasonably could not have known of the danger

passed on

Defense to inadequate warning: 4) warning was not __________.

4

How many defense to an inadequate warning are there?

Breach of manufacturer’s express warranty

the manufacturer has made an express warranty, which was untrue and to which the product did not conform

induced

Breach of manufacturer’s express warranty: The claimant was _______ to use the product by the representation made.

proximate cause

Breach of manufacturer’s express warranty: The false warranty was the ___________ of the claimant’s damages.

Reasonably anticipated use

means any use or handling of the product that the product’s manufacturer should reasonably expect of an ordinary person in the same or similar circumstances