Product Liability

Old way:

PL based on negligence:

Strict products liability:

Product is unreasonably dangerous when sold

Plaintiff injured by use of product and defective condition is cause of injury

Manufacturer must "do care" in-

Designing product, manu and assembling products, inspecting and testing, etc

Modern way:

Product defects:

3 types:

Manufacturing defects:

Product departs from intended design

Makes manufacture liable

Design defect:

Foreseeable risks of harm

Couldve been avoided by reasonable alternative

Usually happens to many ppl

Warning defect:

Inadequate warning or instructions

Defenses:

Assumption of risk: knows and assumes a risk

Product misuse: argue someone is misusing

Contributory/comparative negligence: balance manufacture and injury party own fault

Commonly known dangers