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product liability - Coggle Diagram

- - - - most common, design defects = an entire line of products made more dangerous than it should have been becaues of a flw in the intended design. to prove a design flaw, p must demonstrate that a safer alternaive design was availble but not selected
        
        warning defects, pharmaceuticals = a failure to communicate to a consumer the dangers of a pruduct in a procedurally and substantively adequate fashion, failure to provide adequtea warning; failure to warn
        
        procedurally = reaosnable amount of information; reaonsable guidance
        
        substantivey = a manner calculated to reach and be understood by users
- - - - product contains a defect, presenting
        
        unreasonble danger to consumer or his properyt and
        
        physical harm results
- - - - manufacturing defect = departs form design despite all care
        
        design defect = harm couldhave been reduced by a reaosnable alternative design
        
        comparing potential risks as designed agaisnt the reaonsable alternative design
        
        comparison one = product; comparison two = alternative designs; comparison three = compare comparisons
        
        inadequate warnnings or instructiosn
- - - - nature v. foreign object etst
- - - - products whose utility outweighs their inerhent risk are reasaonlby safe
        
        B [ utility ] < P*L [risk]
        
        risk = dangers; utiltiy = cos, lsot funcitonality
- - - - risk v. form / funciton = risk before nad after alterations, if foreseeable alteration, manufacturer liable
        
        unintended or unforeseeable use; if reaosnably foreseeable, not substatntial
        
        what is its intended ? what wer ethe anticpated uses, or reaonbly foreseeable uses?
        
        open adn obvious danger = PAOR; knives are sharp
        
        misuse, comparative negleince = the failure to use a product in an intende and foreseeable fashion
        
        unintended or unforeseeable use; if resaonby foreseeable, not misuse
        
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