FL Tort Products Liability Essay

Products Liability

1. Negligence

2. Warranty

3. Strict proucts liability

Negligence (product Liability)

Duty

Breach

Causation

Damages

Warranty (Product Liabilites)

1. Express

2. Implied Warranties

A) implied warranty of Merchantability

B) Implied warranty of Fitness of a Particular Purpose

If their are any breach of warranty, then you can sue for breach

Implied Warranty of Merchantability

1. A product is of a quality equal to a generally acceptable standard

2. And fit for an ordinary purpose

* product does what its suppose to do

Implied Warranty of Fitness for a particular Purpose

1. A seller knew or should've known of a particular purpose for which the good was sold

2. And the buyer is RELYING on the seller's SKILL or JUDGEMENT in selling those goods.

Strict product Liability

1. Design Defect or Manufacturing Defect

2. Inadequate Warning or Failure to Warn

Manufacturing or Design Defect (Strict product Liability)

1. Product left the manufacturer in a Defective condition

(A) Design Defect

(B)Manufacturing Defect

2. Sold by a commercial seller

3. A foreseeable user used the product- foreseeable to the purchaser

4. And used it in the intended purpose

5. And it was unchanged from its original condition

Inadequate Warning or Failure to Warn (Strict products Liability)

Legal Defense to Strict product Liability

Assumption of the Risks

1. Knew and appreciated the danger

2. Did it anyway

Defense to Negligence Product Liability

Pure Comparative Negligence in FL

Intentional Misrepresentation

argue when the warranty is not obvious.

1. Said something intentionally

2. To induce reliance on a material fact

negligent Misrepresentation

1. professional business situation

2. Statement made negligently, or not made (forgot)

3. Plaintiff is relying on Def statements/knowledge

4. Caused damages

Other issues to look for

1. Vicarious Liability- if there's a worker in hypo

2. Negligent Hiring- same as above

3. Joint and several liability- multiple businesses involved; responsible for % of fault

4. Punitive Damages- if injured; in addition to compensatory damages

5. NIED- if there was neg mis rep

6. IIED- if there was Int mis rep