Products Liability (Design Defects (Consumer Expectation Test? (Product is…
Consumer Expectation Test?
Product is as safe as an ordinary consumer would expect?
Product's utility to the public as a whole?
Utility to individual user?
The likelihood that the product will cause injury?
The availability of a safer design?
The possibility of designing and manufacturing the product so that it is safer but remains functional and reasonably priced?
The degree of awareness of the product's potential danger that can reasonably be attributed to the injured user?
The manufacturer's ability to spread the cost of any safety=related design changes?
Ordinary Due Care?
Do other products have that same defect and are not a problem?
Failure to Warn
Knowledge of the defect at time of manufacture or distribution?
Is warning adequate?
Learned Intermediary doctrine?
Duty to warn goes to an expert
Would warning changed expert's recommendation?
User's above average knowledge of product
Must be cause