Torts Product Liability Question

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hoping5
Posts: 10
Joined: Sat Sep 17, 2011 4:46 pm

Torts Product Liability Question

Postby hoping5 » Mon Dec 05, 2011 10:55 am

So I have a terrible torts professor and he was very unclear about products liability. I understand there are 3 categories of product defect, but I don't know what test governs each one. Heck, I don't even know if contract implied/express warranty still applies to product liability. Please help!

target
Posts: 688
Joined: Tue Jul 26, 2011 6:40 pm

Re: Torts Product Liability Question

Postby target » Mon Dec 05, 2011 12:47 pm

hoping5 wrote:So I have a terrible torts professor and he was very unclear about products liability. I understand there are 3 categories of product defect, but I don't know what test governs each one. Heck, I don't even know if contract implied/express warranty still applies to product liability. Please help!


I'll take a first crack, but since I am reviewing for this as well I hope others will chime in.

Three types:
1. Manufacturing Defect
2. Design Defect
3. Duty to Warn

Under the 2nd Rest, strict liability applies to all
Under the 3rd Rest, strict liability applies to Man.Defect, while negligence applies to Desg. Defect and Duty to Warn.

-To establish manufacturing defect is like establishing Res Ipsa, there must be 1. accidents will not happen if there were no defects, and the accident was not a result of other causes.

-To establish design defect, there are three different test to use. 1. Open and Obvious test: defect when there is a dangerous condition that is not obvious to the user. 2. Consumer expectation test: (Rest 2nd): defective if level of protection is below what a resaonble/prudent consumer would expect. 3. Rist-uitility test (R3rd): Whether if there is a variability of designs and does cost benefit analysis of the alternatives (Negligence)

-Duty to Warn: require reasonably adequate warning w/regard to reasonably foreseeable consequences.




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