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Torts
Products Liability
| Term | Definition |
|---|---|
| Products Liability: Applies to: | 1) Goods (not services) 2) Sold by a commercial supplier, manufacturer, retailer Not a casual seller 3) No substantial alteration of the defective aspect of the product a) Excep: D is liable for injury that results form foreseeable misuse of D's prod |
| Products Liability: Purpose | 1) Incentivize manufacturers to assure safety of their products 2) Incentivize innovation 3) Manufacturers are generally CCA and we want them to avoid all accidents worth avoiding |
| Products Liability: Defenses | 1) Substantial modifications (to the part of the product that causes harm 2) Unforeseeable misuse 3) Open and obvious (only a defense when the danger can't be designed out |
| Manufacturing Defects: 3rd Res. | The product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product |
| Manufacturing Defects: P Has to Show | 1) The product was defective 2) Making it more dangerous 3) Caused an injury |
| Design Defects: Three Tests | 1) Consumer Expectations: whether the product is more dangerous than the expectations of a reasonable consumer 2) Hybrid Test: (1) or if benefits of "defective" design don't outweigh risks 3) 3rd Res. - Whether there is a reasonable alt design |
| Design Defects: Secondary Injuries | 1) Foreseeable that the defect would cause enhanced inures 2) The defect was not obvious 3) The defect caused an enhanced injury |
| Comment K: Pharmaceuticals | 2nd Res. - Comment K: There may be certain products that help society so much that strict liability doesn't apply to them. Instead apply negligence 3rd Res. - Apply neg to all pharm drugs that a reasonable doctor would give to a class of persons safely |
| Warning Defects: Duty | Manufacturers have a duty to warn for foreseeable risks and warning must 1) be reasonable and 2) effectively communicate the warning Manufacturers have a duty to test the product for scientifically knowable risks and find them |
| Warning Defects: Considerations | 1) Extent and likelihood of risk 2) Whether reasonable consumer expects the danger 3) Likelihood that too many warnings will reduce their effectiveness 4) Effectiveness of warning (languages, pictures) |
| Warning Defects: Pharmaceuticals | 1) Drug manufacturers can warn through a learned intermediary 2) Manufacturers have to warn when they directly advertise to consumers or when limited doctor interaction 3) For hypersensitive consumers: risks to them must warn somewhere |
Created by:
corey.combs
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