Products Liability
What is negligence in product liability?
Requires showing duty, breach, causation, and damages–even when the injured person did not buy the product directly.
What is slander?
When the defamatory communication is spoken rather than written.
What is consent obtained by misrepresentation?
Consent is not effective when the defendant knowingly induces the plaintiff to agree based on a substantial misunderstanding about the invasion of their interests
What is false light?
Protects a person's interest in not being portrayed to the public in an objectionable or misleading way, even if the statements are not technically defamatory.
What is the read-and-heed presumption for warning defects?
This rule presumes that if an adequate warning had been given, the plaintiff would have followed it, unless the defendant shows otherwise.
What is §402A strict liability for products in a defective, unreasonably dangerous condition?
Sellers can be held liable when they sell a product in a defective condition that is unreasonably dangerous, even if they exercised all possible care.
What is a defamatory communication?
A defamatory communication is one that exposes a person to hatred, contempt, ridicule, or causes them to be avoided by others.
What is §402B-strict liability for innocent material misrepresentation to consumers?
A seller who makes false statements about a product-whether negligently or even innocently-can be held strictly liable when a consumer relies on the statement and suffers physical harm.
What are the elements for False Light?
Plaintiff must show that the defendant publicized information, that it placed the plaintiff in a false light that would be highly offensive to a reasonable person, and that the defendant acted with knowledge or reckless disregard of the falsity.
What is §402B-strict liability for innocent material misrepresentation to consumers?
This rule states that sellers of products are liable for misrepresentations made to the public through labels, ads, or other communications-regardless of negligence or privity.
What is a manufacturing defect?
The product deviated from the manufacturer's own specifications and the defect existed at the time of sale.
What is the reasonable reader/listener standard for determining defamatory meaning?
By asking how an ordinary member of the community would reasonably understand the words in context.
What is the rule that mistake known to the actor invalidates consent?
Consent is ineffective if the defendant knows the plaintiff is acting under a substantial mistake about the nature or extent of the harm that will occur.
What is actual malice?
Plaintiffs bringing false light claims must satisfy a heightened mental-state requirement, knowledge of falsity or reckless disregard.
What is the post-sale duty to warn?
Under this rule, a manufacturer must warn about risks that become known after the product is sold, though there is typically no duty to recall absent statute.
What is the consumer contemplation test for design defects?
A product is defective if it is more dangerous than an ordinary consumer would expect based on the product's characteristics.
What is the truth defense?
A complete defense when a statement is true, even if made with ill will, because defamation law only imposes liability for false statements that harm reputation.
What is the rule governing when nondisclosure creates liabilty?
There is no duty to disclose a material fact unless one of four conditions exists–such as a fiduciary relationship, active concealment, an incomplete statement, or a fact going to the heart of the transaction.
What is the newsworthiness defense?
Bars liability where a defendant's publication concerns matters of legitimate public interest, even if the plaintiff finds the disclosure embarrassing.
What is the product misuse rule?
This rule states that a manufacturer is not liable for injuries that result from abnormal or unintended uses of a product unless the misuse was reasonably foreseeable.
What is the risk-utility test?
This rule weighs factors such as utility, likelihood and severity of harm, feasibility of safer alternatives, and user ability to avoid risk to determine whether a design is defective.
What is the actual malice standard?
Plaintiffs who are public officials or public figures must prove the defendant acted with knowledge of falsity or reckless disregard for the truth.
What is negligent misrepresentation and its duty requirement?
Negligent misrepresentation arises only when the speaker has a duty to use due care in obtaining or communicating information–typically in the course of business or a transaction involving an economic interest.
What is the consent defense to privacy torts?
Plaintiff voluntarily agreed to the disclosure, because freely given permission eliminates any claim that publicity was wrongful.
What is the rule that violation of a safety statute or regulation makes a product defective per se?
A product is defective as a matter of law when it violates a product safety statute or regulation designed to protect consumers.