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Product Liability Claims

100

What must the plaintiff prove 

What is
That the manufacturer put an unreasonably dangerous product in the stream of commerce due to:

a.One of the following
(1) Design Defect
(2) Manufacturing defect
(3) Inadequate warning

b. Dangerousness exceeds expectation

C. Fault
manufacturer could have used a safer design

200

What are the two ways a plaintiff can prove dangerousness

Dangerousness exceeds expectation

or

Consumer expectations test
(1) risk of injury outweighs utility of product and cost
(2) risk/utility (learned hand formula)

California uses a hybrid either the test or the formula.

Design Defect

100

What are the possible defenses to a design defect case

Contributory negligence
Assumption of risk
Comparative fault

200

What must the defendant prove if using a defense to a design defect case.

defendant must show that the plaintiff unforeseeably misused the product.

Manufacturing Defect

100

What three elements must a plaintiff prove in a manufacturing defect case?

1. that the manufacturer departed from the intended design of the product (regardless of due care).
2. That the departure made the product dangerous beyong ordinary consumer expectations
3. That there was no change in the condition since the manufacturer sold it (causation).

200

What defenses can the defendant assert in a manufacturing defect case.

That the plaintiff use the product negligently or knowing it was unsafe.

1. Contributory negligence
2. Assumption of the risk
3. Comparative Fault

Inadequate Warning

100

What must a plaintiff prove in a inadequate warning or instruction claim?

The plaintiff must prove that:
(1) The manufacturer knew or should have know that the product was unsafe

(2) The manufacturer gave inadequate warning or instructions.

* a warning is not a substitute for duty to design a safe product.

200

What are possible defenses that the defendant can assert for inadequate warning cases.

1.) Plaintiff used the product even though it was obviously unsafe.
2.) Plaintiff was a sophisticated user or professional
Learned intermediary rule. (typically RX and medical devices)

Misc

100

What damages are available in product liability cases?

Physical injury or property damage.
(medical expenses, lost income, pain and suffering)

200

What damages are not recoverable in product liability cases?

Damage to the product itself - breach of warranty
Pure economic loss caused by defective product - negligence, breach of warranty, or misrepresentation claims.