BUL 3310 CH. 13

Market Share Liability

A plaintiff must prove that the defective product that caused the injury was the product of a specific defendant. However, courts have dropped this when plaintiff could not prove which distributor supplied the product that caused the injuries. Market-share liability theory a court can hold each manufacturer responsible for a percentage of the plaintiff's damages that is equal to the percentage of its market share.

Manufacturing Defect

A product "contains an manufacturing defect when the product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product." Departure from a product unit's design specifications that results in products that are physically flawed, damaged, or incorrectly assembled.

Design Defect

A product "is defective when the foreseeable risks of harm posed by the product could have been reduced or avoided by adoption of a reasonable alternative design by seller or other distributor, or a predecessor in the commercial chain of distribution, and the omission of the alternative design renders the product not reasonably safe" To successfully assert a design defect, a plaintiff has to show that: 1. A reasonable alternative design was available 2. The defendant's failure to adopt the alternative design rendered the product not reasonably safe. Manufacturer or other defendant is liable only when the harm was reasonably preventable.

Inadequate Warnings

A product will be considered defective "when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller or other distributor... and the omission of the instructions or warnings renders the product not reasonably safe"

Foreseeable Misuses

A seller must warn those who purchase its product of the harm that can result from the foreseeable misuse of the products as well. The key is the foreseeability of misuse. Sellers are not required to take precautions against every conceivable misuse of a product, just those that are foreseeable.

Abnormally Dangerous Activities

Activities that involve a high risk of serious harm to persons or property that cannot be completely guarded against by the exercise of reasonable cause. Courts apply the doctrine of strict liability in these situations because of the extreme risk of the activity.

Product Misuse

Occurs when a product is used for a purpose fro which it was not intended. The courts have severely limited this defense, however, and it is now recognized as a defense only when the particular use was foreseeable. If the misuse is reasonably foreseeable, the seller must take measures to guard against it.

Statues of Limitations and Repose

Restrict the time within an action may be brought - varies for product liability cases according to state law - Injured party must bring product liability claim within 2-4 years - The running of the prescribed period is tolled (suspended) until the party suffering an injury has discovered it or should have discovered it. To ensure that sellers and manufacturers will not be left vulnerable to lawsuits indefinitely, many states have passed statues of repose, which place outer time limits on product liability actions.

Product Defect

The reinstatement (third) of torts: Products liability defines three types of product defects that have traditionally been recognized in product liability law manufacturing defects, design defects, and inadequate warnings.

Privity of Contract not requires

The relationship that exists between the parties to a contract. Product liability law, privity is not required. A person who is injured by a defective product may bring negligence suit even if he or she was not the one who actually purchased the product and thus not in privity. A manufacturer, seller, or lessor is liable for failure to exercise due care to any person who sustains an injury proximately caused by (defective) product

Obvious Risks

There is no duty to warn about risks that are obvious or commonly known. Warnings about such risks do not add to the safety of a product and detract from real warnings. Warnings must be clear to all people to avoid liability.