Overview
What a the 3 types of claims that can be brought for product liability?
1) Negligence - P must prove duty, breach, causation and damages
2) Strict liability for Defective Products
3) Breach of Warranty Claim
Strict Products Liability
There are three types of product defects, what are they?
1) Manufacturing defects (i.e. has plastic bolts, supposed to be metal)
2) Design defects (built as designed but design insufficient)
3) Failure to warn (not suppose to carry two passengers)
Strict Products Liability - Elements of the Chaim
What must the P show in order to determine strict liability? (3)
1) Product was defective
2) Defect existed when product left D's control and
3) Defect caused the P's injury when the product was used in a foreseeable way.
Strict Products Liability - Manufacturing defect
What constitutes a manufacturing defect? (2)
1) The product deviated from its intended design
2) The product does not conform to the manufacturer's own specifications
Strict Products Liability - Design defect
What are the two tests for a design defect?
1) CONSUMER EXPECTATION TEST: The product is defective in design if it is less safe than the ordinary consumer would expect.
2) RISK-UTILITY TEST - The product is defective in design if the risks outweigh its benefits; must show that there is a reasonable
Strict Products Liability - Failure to warn
What constitutes a 'failure to warn'?
What is the LEARNED INTERMEDIARY RULE? What is the exception to this rule?
- Failure to warn of a FORESEEABLE RISK that is not OBVIOUS to an ordinary user.
- The Learned Intermediary Rule: Manufacturers of prescription drugs MUST WARN the prescribing physicians.
Exception: drugs marketed directly to consumers.
Strict Products Liability - Inference of Defect
When might a defect be inferred by circumstantial evidence?
When the defect causes the product to be destroyed
Strict Products Liability - Plaintiffs
Who can sue?
Anyone foreseeable injured - purchasers, other users and bystanders
Strict Products Liability - Defendants
Who can P sue?
Anyone who sells the product - MUST BE IN THE CHAIN OF DISTRIBUTION and in the business of selling.
(Not causal sellers)