Basics
The legal responsibility of manufacturers and sellers for injuries caused by their products
What is product liability?
Intentionally lying or hiding information about a products defect is this tort
What is fraudulent misrepresentation?
Liability that is imposed even though the manufacturer was not at fault/was not careless:
Strict Liability
Explain the case of: MacPherson v Buick Motor Co.
Buick manufactured wheels using wood, thus causing injuries to owners.
Buick lost, liable to consumers for negligence
Manufacturer, Lessor, Retailer, Distributor
Failing to exercise due care in design, materials, or manufacturing a product is called:
What is negligence?
This defense applies when a consumer knowingly and voluntarily exposed themselves to danger:
What is assumption of risk?
Explain the case of Boles v Sun Ergoline Inc
Lady cut her finger in tanning bed.
The court rejected assumption of risk as a defense because they said manufacturers should still provide safety measures when it´s foreseeable that one may misuse product
Product that is so dangerous it threatens a consumer´s safety is called:
Unreasonably dangerous product
Name the 3 categories in which a product can be deemed defective?
In it´s manufacturing, design, warning labels
Using a product in an unforeseeable way is this defense:
Product misuse
Explain the case of Greenman v Yuba Power Products
Even though the manufacturer had their products thoroughly tested, a few may fall through the cracks. Manufacturers can still be held responsible bc they are the one´s who are profiting/making money
Privity of Contract
Doctrine that allows injured consumers to sue even though they did not purchase the items that caused them harm
A product that is made correctly but inherently unsafe due to the poor ¨blueprint¨ has this type of defect:
Design Defect
If a danger is obvious (sharp knife), this defense applies:
Commonly known dangers
Market share liability bc plaintiff could not pinpoint where the contamination source was coming from
Theory that spreads liability among multiple manufacturers when the exact source of harm can´t be identified.
What is market share liability?
Term used to state that a product had improper and unclear safety instructions
Inadequate warning labels
Explain the case Bruesewitz v Wyeth
and
How was the plaintiff awarded
Vaccine case led to a baby having hundreds of strokes in the span of a month
Court decided that plaintiff would be awarded damages from a govt tax (compensation program created to protect companies who manufacture vaccines)