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Torts

Products Liability

TermDefinition
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