Product Liability
The three types of product defects.
What is manufacturing, design, and warning label defects?
Worker's Compensation prevents an employee from filing a tort against and employer unless the employer committed an intentional tort.
What is Employer Immunity?
Three main types of status of a visitor to land.
What is invitee, licensee, and trespasser?
These two triggers a defendnats duty of reasomable care.
What is activities that create risk and opportunities to reduce or eliminate pre-existing risk?
The defendant intends to cause contact with the π's person; teh defendant's conduct causes such contact; and the contact causes bodily harm or is offensive to the π.
What is Battery?
Courts apply strict liability to this type of defect.
What is manufacturing defect?
A child gets hit by a car for running out in the street due to being unsupervised. What protection does this fall under?
What is Parental Immunity TO Child?
The highest level of duty is applied to this status.
What is an Invitee?
No duty to use reasonable care is mandatory unless.....
What is a defendant created a justifiable reliance or there was a special relationship that created an obligation to protect?
Defendant intends to cause π to anicipate imminent apprehension or fear and harmful or offensive contact with the π's person; and
Defendnats conduct causes π to anticipate such contact.
What is Assault?
This test is used to weigh the balance of the products risk to its benefits or actual use to see if teh use of the product outweights any reasonable alternatives.
What is Risk Utility test?
A child while under custody of a babysitter stabs the babysitter with a knife (parents know the child to be dangerous with knives but failed to warn). What would this fall under?
What is Parental Immunity (liability FOR Child)?
This vistor is a social guest and must be warn of hidden perils know to the owner.
What is Licensee?
This duty is necessary to protect a victim from affirmative acts that create an unreasonable risk of harm.
What is sins of commission?
Defendant intends to commit a battery, assault, or false imprisonment against one person but instead commits intended tort against another person.
What is Transferred Intent?
This test is used to determine whether the design was in accord with an ordinary, reasonable consumers expectation of the use or misuse of the product.
What is Consumer-Expectation Test?
This doctrine protects suits against the government unless it consents to being sued.
What is sovereign immunity?
This person has no permission to enter the premise and the owner has a duty not to shoot.
What is a Trespasser?
The failure to act or take reasonable steps to protect another from harm.
What are Sins of Omission?
Intent to cause harm or act of recklessness
Outrageous conduct
Sever emotional distress
What is IIED?
This standard is used in torts to make the seller of a defective product stricly liable but may be indemnified by the manufacturer.
What is the Restatement (Second) of Torts § 402A?
This is an exception to governmental immunity if the conduct of the state involves policy making.
What is Discretionary Function?
This is an exception for a kid who is attracted to a dangerous function on the premises and enters the premises and gets injured.
What is a Child Trespasser (Attractive Nuisance)?
Elements of a Special Relationship
What is Control over the Plaintiff's safety or the public creating the risk;justifiable reliance.
Intent to confine
Fixed boundaries
Awareness of confinement OR Damages
What is False Imprisonment?