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6 Cards in this Set

  • Front
  • Back
Manufacturer fell below reasonable standard of care by...
1. manufacturing defect
2. design defect
3. inadequate inspection (QA)
4. improper warnings
5. improper instructions
Defenses for Prod. Liability
1. comparative negligence (rule defined by % of plaintiff and defendant)
2. assumption of risk
3. open and obvious risk (failure to warn)
4. Product misuse
Duty to warn...
reasonably forseeable risk;
severity of the harm;
how difficult would it be to warn;
likely effectiveness of warning
Express Warranty
affirmation of fact about a particular product
Implied Warranty of Merchantability UCC 2-314(1)
if seller is a merchant, then goods must be merchantable
1. must pass w/o objection in trade
2. fit for ordinary purpose
3. run of even kind, qualitity and quantitiy
4. adequetely packed and labeled
Doctrine of Strict Liablitiy
applies to prodcuts that are defective and sold in defective condition and the defect caused personal injury