Products Liability Outline PDF

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Products Liability 

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Products Liability o An area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held liable for injuries caused by those products under theories of negligent design, manufacture, or failure to provide adequate warnings. o Warranty  An assurance or promise of quality (express or implied) o Pro Consumer  Warranty liability is strict and not fault based (seller warrants its product is safe for ordinary use not just that they will take care to provide a safe product.) Restatement 2nd §402 (A) o 1. One who sells any product in a defective condition unreasonably dangerous to the user is subject to liability for physical harm thereby caused to the user or their property if:  A. The seller is engaged in the business of selling such product and  B. It is expected to and does reach the user without substantial change in the condition in which it is sold. o 2.  C. The seller has exercised all possible care in the preparation and sale of his product and  D. The user or consumer has not bought the product from or entered into any contractual relation with the seller. Negligence v. Strict Liability Prima Facie Case

Traynor’s Escola Concurrence: Special Rule for Injuries Caused by Products o Precedent: Warranty but also criminal liability for tainted food sales. o Procedural Fairness: for mass-produced products fault is often diff to prove. o Judicial Candor: “Fault” liability is often strict in practice (juries). o Consumer Protection: Strict liability vindicates consumers right to safety. o Deterrence: Strict liability better promotes safe products than negligence. o Compensation: A world of mass production allows for loss-spreading & strict liability is better for spreading losses than negligence.

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Potential Strict Products Liability Defendants o Manufacturer, distributor, commercial retailer  NOT: Casual sellers, sellers of services (generally), sellers of used goods. What Makes a Product Defective?...