Chapter1

STRICT LIABILITY AND PRODUCT LIABILITY

Product Liability

The liability of manufacturers, sellers, and others for the injuries caused by defective products.

Fault-Based Theories

• Negligence

• Misrepresentation

• Negligence

• Defendant breached a duty of due care to the plaintiff that caused the plaintiff’s injuries.

• E.g., negligent product design, failure to assemble properly, failure to inspect, failure to warn.

• Misrepresentation

• Seller or lessor fraudulently misrepresents the quality of a product or conceals a defect in it.

• Recovery limited to persons who relied on the Misrepresentation.

Strict Liability

• Liability Without Fault

– Unlike negligence, strict liability does not require the injured person to prove that the defendant breached a duty of care.

• May be liable even though exercised all possible care.

- Strict Liability Defendants Sellers and lessors engaged in business of selling or leasing products.

o All parties in the chain of distribution

Defect in Manufacture

• Defect that occurs when manufacturer fails to:

– Properly assemble a product

– Properly test a product, or

– Adequately check the quality of a product.

• E.g., or mouse found in soft drink bottle.

Defect in Design

• Defect that occurs when a product is improperly designed.

• E.g.,

– Toys designed with removable parts that could be swallowed by children.

– Machines designed without proper safeguards.

– Trucks designed without a backup warning device.

Failure to Warn

• Defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.

Defect in Packaging

• Manufacturers owe a duty to design and provide safe packages for their products.

Failure to meet this duty subjects all in chain of distribution of the product to strict liability

Other Product Defects

• Failure to provide adequate instructions

• Inadequate testing of products

• Inadequate selection of component parts or materials

• Improper certification of the safety of a product

• Generally Known Dangers

• Certain products are inherently dangerous.

• E.g., guns, knives

• Products known to the general population to be so.

• Sellers are not strictly liable for failing to warn of generally known dangers.

• Government Contractor Defense

• Contractor who was provided specifications by the government is not liable for any defect in the product that occurs as a result of those specifications.

• Product must conform to specifications.

• Contractor must have warned of known defects or dangers.