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Products Liability - Coggle Diagram
Products Liability
Strict Products Liability
A. Duty
Absolute duty to make a reasonably safe product
Broader than negligence
B. Breach
Product sold in a defective condition
C. Defect Tests
Consumer Expectation Test
Product more dangerous than expected
Used for manufacturing defects
Risk–Utility Test
Risk + gravity of harm
usefulness + cost of safer design
Used for design and warning defects
D. Causation & Damages
Defect caused harm
Plaintiff suffered damages
Negligence
A. Duty
Duty owed to this particular plaintiff
Plaintiff must be foreseeable
B. Breach
Failure to act as a reasonably prudent manufacturer
C. Causation
Actual Cause
But-for the defendant’s conduct
Proximate Cause
Foreseeable harm to a foreseeable plaintiff
D. Damages
Plaintiff must show injury
Misrepresentation / Fraud
A. Affirmative Statement
Statement about safety of product
B. Reliance
Plaintiff relied on the statement
C. Reasonableness
Reliance must be reasonable
D. Causation & Harm
Reliance caused injury
Warranty Theories
A. Express Warranty
Affirmative statement about safety
Statement formed basis of the bargain
Statement was false
Plaintiff was aware of the statement
B. Implied Warranty of Merchantability
Objective test
Product must be:
Safe
Reasonably fit for ordinary use
C. Implied Warranty of Fitness for a Particular Purpose
Seller knows buyer’s specific purpose
Seller recommends product
Product not safe or effective for that purpose
Types of Defects
A. Manufacturing Defect
This particular product was made poorly
Deviation from intended design
Test Used
Consumer Expectation Test
B. Design Defect
Entire product line is defective
Inherent flaw in design
Test Used
Risk–Utility Test
C. Warning Defect
Known or knowable risk
Failure to warn users
Test Used
Risk–Utility Test
Battery
A. Voluntary Act
Selling the defective product
B. Intent
Intent to cause harmful or offensive touching
Usually hard to prove
Requires:
Desire to cause harm or
Knowledge to a substantial certainty
C. Practical Limitation
Manufacturers usually do not desire injury
Remote risks defeat intent
Identification
A. Proper Defendant
Anyone in the line of distribution
Manufacturer
Distributor
Retail seller
Must be in the business of making or selling the product
Not Proper Defendants
Doctors prescribing drugs
Casual sellers (garage sales)
B. Proper Plaintiff
Any foreseeable user or victim
Including
Purchasers
Family members
Bystanders injured by the product
C. Defective Product
Product does not live up to its standards
Defect must cause harm