Products Liability

Paraphrasing John Lennon, the lecture introduces the concept of products liability, which addresses injuries caused by defective products.
The aim of product liability law is to change the world by ensuring compensation for those injured by defective products.

Products liability is a broad term covering a supplier's responsibility for injuries caused by a defective product they distributed.
It is not a standalone tort theory but a collection of rules from various tort theories applied to injuries from product defects.
Products liability can also be litigated under contract warranty theories, but the focus is on tort theories.

Intentional Torts:
- Example: A baker intentionally puts a rock in a torte for a customer they have a feud with.
Negligence:
- A rock is unintentionally present in the torte due to a lack of ordinary care in the production process.
Strict Liability:
- Liability is imposed if the torte has a defect, regardless of whether ordinary care was exercised.

Manufacturing Defects:
- Defects that occur during the manufacturing process, making a product more dangerous.
- Example: A ladder missing its nonslip coating on one rung due to a manufacturing error.
Design Defects:
- Defects inherent in the product's design, making all products of that design equally dangerous.
- Example: A ladder designed with thinner aluminum and smaller rivets, causing it to collapse under normal weight.
Packaging Defects:
- Defects related to the product's packaging, such as misprinted or missing labels.
Information Defects:
- Defects where critical information is missing, like ingredients on a food label.
- Example: A torte sold without a label indicating it contains nuts, leading to an allergic reaction.
- Includes misstated product information or flawed user instructions.
Inadequate or Missing Warnings:
- Failure to provide sufficient warnings about potential dangers associated with product use.
- Examples:
  - Warning labels on gasoline cans about the risk of storing near open flames.
  - Warning labels on swimming pools indicating shallow water and the danger of diving.
  - Warning labels on electrical appliances about the danger of use near water.

Manufacturing Defect:
- The plaintiff must prove the product was dangerous beyond the expectation of an ordinary consumer due to a departure from its intended design.
- Example: A torte with a rock in it is dangerous and unexpected.
Design Defect:
- The plaintiff must demonstrate that a less dangerous, economically feasible alternative existed.
- Factors considered:
  - Usefulness and desirability of the product.
  - Availability of safer alternatives.
  - Likely seriousness of injury from the design.
  - Whether the danger is obvious to the user.
  - Public expectations regarding the danger.
  - Feasibility of eliminating the danger.
- Example: A ladder designed to collapse under the average adult's weight has a design defect because safer alternatives are feasible.

Manufacturers must account for foreseeable misuse of their products.
Examples:
- Standing on the top of a ladder.
- Using a clothes iron to straighten hair.
Foreseeability can be tricky, but manufacturers are expected to consider common misuses.

Ladders often have warning labels about not standing on the top step, but people still do it.
Safer ladders (e.g., with handrails) exist but may not be economically feasible or desirable for the average homeowner due to cost and storage issues.