Chapter 7 : Strict & Product Liability

When is a manufacturer liable under strict product liability?

When a product defect causes injury, regardless of fault or intent

Can sellers and lessors (not just manufacturers) be held liable for defective products?

Yes, under strict product liability

Does strict liability require proof of negligence?

No, liability is imposed without proof of negligence

What must a plaintiff show to win a strict liability product case?

A defective product, unreasonably dangerous condition, harm, and no substantial change to the product

Does a manufacturer need to inspect third-party components to avoid liability?

Yes, failure to inspect can result in liability

Is privity of contract required for strict product liability?

No, a plaintiff does not need to have purchased the product

What are the three main types of product defects?

Manufacturing defects, design defects, and warning defects

When is a product considered "unreasonably dangerous"?

When it is more dangerous than an ordinary consumer would expect

What defense applies if a product is misused in an unforeseeable way?

Product misuse is a defense

What is "market-share liability"?

Liability shared among manufacturers when the specific producer of a defective product cannot be identified

What is required for a misrepresentation claim in product liability?

Intentional misrepresentation and reliance by the buyerWhat is preemption in product liability?

What is preemption in product liability?

When federal regulation prevents a lawsuit under state law

What happens if a plaintiff assumes the risk when using a product?

The defendant may use assumption of risk as a defense

Does a seller have a duty to warn about obvious dangers?

No, no duty to warn if the danger is obvious or commonly known

How do courts determine if a warning is adequate?

Using a "reasonableness" standard

What is comparative negligence in product liability?

Reducing the plaintiff’s damages based on their share of fault

When is a product defect considered a design defect?

When a safer alternative design was available and feasible

What is the risk-utility test?

Balancing the risk of harm against the product’s usefulness

Who can be held liable for a defective product?

Manufacturers, distributors, and retailers

What is the defense of a "knowledgeable user"?

Assuming that users with expertise understand product risks

What is the role of foreseeability in warning defect cases?

Warnings are required for foreseeable risks

Can strict liability apply to injuries caused by wild animals kept for public display?

Yes, because the activity is considered inherently dangerous

What happens if a product is altered after sale?

The seller may not be liable under strict product liability

Is it necessary for a plaintiff to prove how a defect occurred in strict liability?

No, only that the product was defective and caused harm

How can a defendant show a plaintiff's negligence in a product liability suit?

By showing comparative negligence