This is an extract of our Products Liability document, which we sell as part of our Torts II Outlines collection written by the top tier of Thomas Jefferson School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Torts II Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
DEF = *The liability of the seller of a product, which because of a defect, causes injury to its purchaser, user, or sometimes bystanders
Negligence o Historically
? Limited to privity - P must show that he contracted directly with D o Now
? All the rules of negligence apply
? One who negligently manufactures a product is liable for any personal injuries proximately caused by his negligence
? P is injured as a result of somebody along the commercial chain of distributions' negligence that results in a defect in the product that injuries the P
? Figure out who along that commercial chain of distribution acted negligently that proximately caused an injury to the P
Warranty o A buyer of goods which are not as they are contracted to be may bring an action for breach of warranty o These theories were limited, required notice - gave rise to S/L o Express Warranty
? DEF = *Some assurance, made by the seller, of fact about a characteristic of the product that is part of the basis of the bargainBaxter
* Extended the rule that a purchaser of any consumer goods who relied on an express warranty, could recover from the manufacturer for personal injury when the express warranty is breached
o Implied Warranty
? DEF = *The existence of a warranty as to the quality of goods can also be implied from the fact that the seller has offered the goods for sale. (implied by law)Of Merchantability
* All products that are sold by those who are in the business of selling that type of good
Product is reasonably fit for the purpose for which it's made
Fitness for a Particular Purpose
* Limited circumstances
* Exists only when the P makes a particular purpose of the purchase known to the D and the P relies on the D's expertise
* Does an implied warranty flow from the manufacturer to the ultimate consumer?
Strict Products Liability o DEF =*Seller of a product is liable without fault for personal injuries caused by the product if the product is sold in a defective condition o DEF = *Defective means a product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product o However, S/L does not exist every time someone is injured by a product o Policy
? Even if there is not negligence, if we have an innocent P who is injured, and no fault on the part of the manufacturer, who is going to bear the risk of loss?
? Risk of loss is allocated to the manufacturer
? They can foresee it, insure against it, can distribute losses as part of the cost of the product
? Incentive to make products as safe as possible o Second Restatement - SS402A
? Unreasonably dangerous defect
? Which existed when it left D's hands
? Which proximately caused P's injury o Defect Unreasonably DangerousDefects
* Manufacture o Product not as indented o Expect perfect quality control from D o P must show 3 requirements (above) o if product is not exactly as its supposed to be
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