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Flashcards in Products Liability Deck (17)
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1
Q

products liability

A

the liability of a supplier of a defective product to someone injured by the product

2
Q

5 theories of liability for products liability

A

(i) intent, (ii) negligence, (iii) strict liability, (iv) implied warranties of merchantability and fitness for a particular purpose, and (v) representation theories (express warranty and misrepresentation)

3
Q

To find liability under any products liability theory, plaintiff must show:

A

(i) a defect, and

(ii) existence of the defect when the product left the defendant’s control

4
Q

manufacturing defects

A

if a product emerges from manufacturing different from and more dangerous than the products that were made properly, it has a manufacturing defect`

5
Q

design defects

A

when all products of a line are the same but have dangerous propensities, they may be found to have a design defect

6
Q

inadequate warnings

A

a product may be defective as a result of the manufacturer’s failure to give adequate warnings as to the risk involved in using the product that may not be apparent to users

7
Q

For a manufacturing defect, defendant will be liable if

A

plaintiff can show that the product failed to perform as safely as an ordinary consumer would expect (defendant must anticipate reasonable misuse)

8
Q

For a design defect and inadequate warnings, plaintiff usually must show that

A

the defendant could have made the product safer, without serious impact on the product’s price or utility (the “feasible alternative” approach)

9
Q

noncompliance with government safety standards establishes

A

that the product is defective

10
Q

compliance with government safety standards is

A

evidence, but not conclusive, that the product is not defective

11
Q

breach of duty in a products liability case based on negligence is shown by

A

(i) negligent conduct of defendant leading to (ii) the supplying of a defective product

12
Q

prima facie case of products liability based on strict tort liability

A

(i) a commercial supplier of a product;
(ii) producing or selling a defective product;
(iii) actual and proximate cause; and
(iv) damages
For liability to attach, the product must reach plaintiff without substantial alteration

13
Q

The two warranties implied in every sale of goods that can serve as the basis for suit by a buyer against a seller:

A
  1. Merchantability

2. Fitness for a particular purpose

14
Q

implied warranty of merchantibility

A

whether the goods are of average acceptable quality and are generally fit the ordinary purpose for which the goods are used

15
Q

implied warranty of fitness for a particular purpose

A

arises when the seller knows or has reason to know the particular purpose for which the goods are required and that the buyer is relying on the seller’s skill and judgment in selecting the goods

16
Q

A seller will be liable for misrepresentations of fact concerning a product where:

A

(i) The statement was of a material fact concerning quality or uses of goods (mere puffery insufficient), and
(ii) The seller intended to induce reliance by the buyer in a particular transaction

17
Q

prima facie case for implied warranty of merchantibility

A

(i) the defendant is a merchant who deals in the kind of goods sold;
(ii) the goods were not fit for the ordinary purpose for which such goods are sold;
(iii) the goods were the actual and proximate cause of injury to the plaintiff, and
(iv) the plaintiff suffered economic loss or damages to persons or property