7.5 Products Liability

What does products liability have to do with strict liability?

Nothing

What are the 3 causes of action under the Products Liability Umbrella?

What is the negligence cause of action?

Somebody in the product chain didn't do what they were supposed to.

When negligence is the cause of action discussed in the facts, the answer has to discuss what?

Something about somebody acting negligently

What cause of action is this?

Warranty

If a company makes a promise, a guarantee about a product—they put a sticker, an insert, a memo, a pamphlet—promising or guaranteeing the product to work a certain way, to perform a certain way, and it doesn't—that's simply called a […]

warranty

If they're talking about a breach of warranty up there, then my answer has to be about a breach of warranty […]

down there

If they're describing something about a warranty in the facts, you shut up and pick the only answer talking about […]

the warranty

Strict Products Liability

• Picture the storyboard in your head.

• Flip for elements

• Defective Product

  • Didn’t Work OR

  • Failed to WARN

• Anyone in the chain who touched it before me could be liable

• Foreseeable user

• Intended use

Products Liability Defenses—For ANY CoA

Misuse

Assumption of the Risk