ch. 13 Strict Liability and Product Liability

involved defect in design of umpire mask

wilson sporting goods v. Hickox

manufacturing defect, design defect, and inadequate warnings

3 types of product defect traditionally recognized in product liability law?

1. defective condition when defendant sells it. 2.defendant must be the normal seller of that product 3.product unreasonable dangerous 4.plaintiff must have physical harm from use or consumption of product 5.defective condition must be proximate cause of injury/damage 6.goods mustn't have been substantially changed from time product was sold to the time injury was sustained.

6 Requirements for strict product liability?

1. consumer protected against unsafe products 2. manufacturers & distributors shouldn't escape liability for faulty products bc aren't in privity of contract w/ ultimate user of those products 3. M&D can better bear costs with injuries caused by their products bc can ultimately pass the costs on to all consumers in the form of higher prices.

Public policy rests on the 3 fold assumption that?

product liability based on misrepresentation

When a user or consumer is injured as a result of a manufacturer's or seller's fraudulent misrepresentation, the basis of liability may be the tort of fraud. ex: intentional mislabeling of packaged cosmetics

abnormally dangerous activity

courts apply the doctrine of strict liability in these situations because of the extreme risk of the activity. Involve high risk of serious harm to persons or property that cannot be completely guarded against by the exercise of reasonable care.

statutes of limitations and repose

restrict time within which an action may be brought. Usually within 2-4 years for injured party for product liability.

comparative negligence

a defense to product liability a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury.

assumption of risk

a defense to product liability bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which he was participating at the time.

preemption

a defense to product liability that government regulations preempt claims for product liability. ex: provision protecting manufacturers from liability for a vaccine's unavoidable adverse side effects

knowledgeable user

a defense to product liability where a particular danger is or should be commonly known by particular users of a product, the manufacturer need not warn these users of the danger. ex: mcdonalds contains high levels of cholesterol, fat, salt, and sugar.

commonly known dangers

a defense to product liability where dangers associated with certain products are so commonly known that, as mentioned, manufacturers need not warn users of those dangers. ex:matches and sharp knives

product misuse

a defense to product liability which occurs when a product is used for a purpose for which it was not intended.

strict product liability

a legal rule that says a seller, distributor or manufacturer of a defective product is liable to a person injured by that product regardless of whether the defendant did everything possible to make sure the defect never happened.

product liability based on negligence

defined as the failure to exercise the degree of care that a reasonable, prudent person would have exercised under circumstances. If a manufacturer fails to exercise "due care" to make a product safe, a person who is injured by the product may sue the manufacturer for negligence.