Product Liability Quiz

Product Liability

Based upon negligence, misrepresentation, and strict liability

List Manufacturer’s Duty of Care

Product Design, Selection of Appropriate Materials, Proper Production processes, proper assembly, proper testing, inspection, adequate warnings and labels.

Privity of Contract in relation to negligence claims

not required

Risk Utility Analysis

A legal standard used in product liability cases to decide if a product design is unreasonably dangerous

List defenses to Product Liability

preemption, assumption of the risk, product misuse, comparative negligence, commonly known dangers

Inadequate Warnings

A product may be deemed defective because of inadequate warnings. A manufacturer has a duty to have adequate warnings about dangers associated with the product

Strict Liability

Liable for the result of their acts regardless of their intentions or their exercise of reason

Obvious Risks

There is no need to warn about obvious risks that are commonly known

Preemption

Preemption is a legal doctrine where a higher level of government or authority supersedes, replaces, or restricts the laws or actions of a lower level.