chapter 7: Strict and product liability

Strict liability

Liability, regardless of fault applied because of extreme risk of activity

Abnormally, dangerous activities

Involve the high risk of serious harm to a personal property that cannot be completely guarded against by the exercise of reasonable care

Product liability

Can be held liable for physical harm or property damage caused by those goods to a consumer user or bystander

Unreasonably dangerous product

A product that is defective to the point of threatening, a consumers health and safety. Is considered this if it is dangerous beyond the expectation of the ordinary consumer or if a less dangerous alternative was economically feasible for the manufacturer, but the manufacturer belt to produce it

Manufacturing defects

Departure from a product units designed specifications that result in products that are physically flawed damage or incorrectly assembled

Design defects

Made in conformity with manufacturers designs specification, but the product results in injury to the user because the design itself

Risk utility analysis

Determines whether the risk of harm from pro design at waste utility to the user and to the public

market share liability

When liability is shared on all firms that manufactured and distribute a particular product during a certain period. Only used when the specific source of a harmful product is unidentifiable

Product misuse

A defense against product liability that may be raised when the plaintiff used a product in a manner, not intended by the manufacturer