Ch 6 Product Strict Liability

In this defect type case, not just one item has a defect but all of the products are defective and can cause injury. An example is trucks and other vehicles designed with defective parts.

Defect in design

A product can be found defective in many ways. What are the most common types given from the text?

Defect in manufacture Failure to warn Defect in packaging Failure to provide adequate instructions Defect in design Can allege for multiple defects in one lawsuit.

Placing tamper-proof seals on salad dressing is an example of protecting against what product defect?

Defect in packaging

Explain statue of limitations and statue of repose:

Statute of limitations - begins when plaintiff suffers injury, must bring action within certain number of years from time of injury Repose - begins when product is sold, limits the seller's liability to a certain number of years from date of sold.

This requires the court to consider the gravity of the danger posed by the design, the likelihood that injury will occur, the social utility of the product, and other factors. This requires that the product is more dangerous than the ordinary consumer would expect.

- risk-utility analysis - consumer expectation test

What does the crash-worthiness doctrine describe?

Auto manufacturers are under a duty to design autos so they take into account the possible second collision in the auto.

When a plaintiff is partially at fault, what two defenses can be adopted?

Contributory negligence - plaintiff contributed to injuries and cannot recover damages from defendant. Comparative negligence (fault) - plaintiff who is partially at fault is responsible for a proportional share of damages.

Unlike negligence, strict liability doesn't require what in respect to duty of care?

Doesn't require the injured person to prove that the defendant breached a duty of care.

An IKEA table is bought, but has vague instructions. After assembly, the consumer attempts to use the table. The table legs fall from unsecured screws and breaks the consumer's leg from the fall. What could the manufacturer be held liable for in terms of a specific product defect?

Failure to provide adequate instructions.

Prescription medicine must have a clear and conspicuous warning of its side effects. If it does not, what is the manufacturer held liable for?

Failure to warn

What are the defenses to product liability? Describe each.

Generally known danger - inherently dangerous products. Ex: Gun barrel Govt. contractor defense - manufacturing to govt specifications are not liable if product causes injury. Abnormal use of a product - self explanatory Supervening event - product is materially altered after it leaves seller's possession and modification causes injury. Assumption of risk - must prove plaintiff knew and appreciated risk, and plaintiff voluntarily assumed the risk.

What is the difference between a negligence lawsuit and a strict liability lawsuit in terms of who is liable?

If the defective product causes injury and is a: Negligence lawsuit - only the negligent party is liable Strict liability - all in the chain of distribution.

What are punitive damages?

Monetary damages that are awarded to the plaintiff if the defendant is found with intent or reckless regard for human life.

What are the three tort doctrines mentioned in the text? Describe each.

Negligence - if a motorcyclist is injured on his bike because a screw was missing, who (manufacturer, retailer who sold it, or the mechanic?) was negligent and caused the plaintiff's injuries? Misrepresentation (Fraud) - deceptive about the quality of the product / conceals the defect in it. Modern theory of strict liability - "Tort doctrine that makes manufacturers, wholsalers, distributors, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault."

Because strict liability is a tort doctrine, privity of contract between the plaintiff and the defendant is not required. What does that statement mean?

The doctrine applies even if the injured party had no contractural relations with the defendant. The chain involved with the defective product that caused injury are liable to the consumer that purchased it. They are ALSO liable to third-party bystanders injured by the product.

To recover for strict liability, what must the plaintiff prove? What are they not required to prove?

The injured party in a product liability case has to prove that the product was indeed defective, but they do not have to prove who caused the product to become defective.

Define product liability

The liability of manufacturers, lessors, sellers, and others who are responsible for the injury of another because of defective products.

All parties in the chain of distribution of a defective product are strictly liable for the injuries caused by the product. (T/F)

True

There is a missing screw in a ladder, which was purchased by a consumer from a local hardware store. What type of defect does this describe and what does it mean under the doctrine of strict liability?

manufacture defect. Under the doctrine, each participating in the sale of the ladder is held liable for the consumer's injuries.

Strict liability is liability _____________________.

without fault Strict liability only applies to products, not services.