Class #18 Product Liability and Warranties

Vocabulary flashcards covering the concepts, theories of liability, defect types, and defenses related to Product Liability law.

Product liability law

The area of law covering a party who suffered injury caused by a defective product.

Negligence (Product Liability)

The primary basis for product liability claims during the first half of the $20^{th}$ century, focusing on the relationship between two parties and the breach of a duty of care.

Duty of care

A legal obligation owed to any foreseeable party who might have a connection with a product (including second-hand users and innocent bystanders) to design a safe product, manufacture it properly, and label it correctly.

Strict liability

A legal doctrine that holds manufacturers responsible for injuries caused by defective products even when they acted with due diligence and reasonable care, focusing on whether the defect caused injury rather than a breach of duty.

Restatement (Third) of Torts—Product Liability

A legal framework that classifies product liability claims into three categories: design defects, manufacturing defects, and marketing defects (inadequate warnings and instructions).

Design Defects

Errors resulting from the manufacturer's design plans and specifications, often requiring an expert to examine design plans to identify the flaw.

Manufacturing Defects

Accidental flaws or deviations from the intended design that occur during the production process; under strict liability, the manufacturer is liable even if they exercised reasonable care.

Marketing Defects

Instances where a manufacturer fails to properly describe or illustrate how to use a product safely or fails to provide adequate warnings.

Substantial alteration defense

A defense requiring the defendant to demonstrate that the plaintiff significantly changed the product after it left the defendant's control.

Unforeseeable misuse

A defense based on the plaintiff using a product in a manner that was not foreseeable by the defendant and was unrelated to the product's intended use.

State-of-the-art defense

A defense requiring the defendant to demonstrate they used the best available technology and production processes to design and manufacture the product.

Knowledgeable user defense

An argument that the plaintiff was a specific type of user who should have known the risks associated with the product.

Statutory compliance defense

An argument that the product was in substantial compliance with relevant statutes and standards, making the assignment of liability inappropriate.

Benefits outweighed risks defense

A defense often used for pharmaceuticals where the manufacturer argues they should not be held liable because the product's benefits exceed its associated risks.