Chapter 6: Product and Strict Liability

Vocabulary practice flashcards covering product liability doctrines, negligence, intentional misrepresentation, strict liability, and categories of product defects from Chapter 6.

Product Liability

The liability of manufacturers, sellers, and others for injuries caused by defective products.

Negligence (Product Liability)

A tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff; also known as an unintentional tort or ordinary negligence.

Intentional Misrepresentation

A tort (also referred to as fraudulent misrepresentation, fraud, or deceit) in which a seller or lessor affirmatively misrepresents the quality of a product or conceals a defect in a product, resulting in injury to a buyer.

Strict Liability

A tort doctrine holding manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for damages caused by the defect regardless of fault.

Scope of Strict Liability

The legal boundary establishing that strict liability applies exclusively to products and does not apply to services.

Product Defect

Something wrong, inadequate, or improper in the manufacture or distribution of a product.

Defect in Manufacture

A defect that occurs when a manufacturer fails to properly assemble a product, test it properly, or check its quality.

Defect in Design

A defect that occurs when a product is designed improperly.

Crashworthiness Doctrine

A legal doctrine specifying that automobile manufacturers are under a duty of design.

Failure to Warn

A defect that occurs when a manufacturer fails to place a warning on a product or its packaging for risks that could cause harm or injury.

Defect in Packaging

A defect resulting from packaging that is insufficiently tamperproof.

Failure to Provide Adequate Instructions

A defect occurring when a product lacks instructions necessary to assemble or use it safely.