Lecture #26-1 Products Liability

Overview of Products Liability

• Products liability is not a theory of liability but describes a type of case where the plaintiff seeks compensation for injuries caused by a product.

• Products liability is an important area within tort law due to its potential implications for product manufacturers, consumers, product prices, and market availability.

• The course will provide a brief introduction to the general principles of product liability.

Key Concepts in Products Liability

Causes of Action

• Product liability cases can arise under three typical theories:

  • Negligence Claims

    • Commonly used theory in these cases.

  • Strict Liability Claims

    • Focused on the product's safety rather than the manufacturer's conduct.

  • Intentional Torts

    • Rarely relevant, primarily associated with intentional misrepresentation.

Common Elements in Product Liability Cases

• All product liability cases share key elements, which include:

  1. Injury Caused by a Product

     • Central to the case, requiring an understanding of what qualifies as a product.

  2. Definition of a Product

     • Restatement Definition: Tangible property distributed commercially for use or consumption (excluding human blood or tissue).

  3. Commercial Distribution

     • The product must have been sold, and the defendant must be a seller in the commercial distribution chain.

     • Distinction between sellers and service providers is crucial.

  4. Plaintiff's Role

     • The plaintiff must be a user or consumer of the product that caused the injury.

     • "Use" is broadly defined, encompassing both active and passive enjoyment of the product.

     • Misuse of a product may affect liability, with courts considering foreseeability of misuse.

Misuse and Foreseeability

• Courts assess whether the misuse of the product was foreseeable.

• If misuse is foreseeable, the plaintiff's claim remains valid; however, the defendant may raise defenses based on the plaintiff's conduct.

Course Content Overview

• The assignment list outlines the topics to be covered in the course:

  • Negligence

    • Established principles of negligence apply in product liability, drawing on previous case examples like Ayers vs. Johnson & Johnson (Baby Oil case).

    • No additional elements needed beyond typical negligence claims.

  • Claims Based on Strict Liability

    • Focus on claims that do not rely on fault, thus differentiating from traditional negligence.

    • Two main categories:

      1. Breach of Warranties

      2. Strict Liability in Tort

Conclusion

• The course will provide foundational knowledge of products liability, essential for understanding the legal implications of product-related injuries and the responsibilities of manufacturers and sellers.