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20 Cards in this Set

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Product Liability (General)
Product liability holds manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.
Product Liability (Theories (3))
Neligence, Strict Liability and Breach of Warranty.
Product Liability (Types of Liability (3))
Manufacturing Defect, Design Defect and Failure to Warn.
Product Liabilty Negligence (Elements)
A legal Duty is owed to a Foreseeable Plaintiff, that Duty is breached by Lack of Reasonable Care, Causing Damages.
Product Liabilty Negligence (Defenses (2))
Contributory Negligence and Assuption of the Risk
Product Liabilty (Strict Liability v Negligence)
Strict Liability focuses on the product while Negligence focuses on the Supplier.
Product Liabilty Strict Liability (General)
Strict liability holds the supplier liable if the product is defective, even if supplier was not negligent in making product defective, if the product was not substanially changed when it hit the market.
Manufacture Defect
A given products manufacture deviated from that which was intended, affecting a small number of units.
Manufacture Defect (Test)
Consumer Expectations Test - Does the defect disappoint consumer expectations?
Design Defect
Defect is in the design of the product and therefore affects the whole product line.
Failure to Warn Defect
Failure or lack of adequate warnings accompanying the product.
Failure to Warn Defect (Test)
Reasonable Standard - Would adequete warning reduce risk of harm?
Products Liability Burden of Proof
Plaintiff has Burden of Proof and supplier has no duty to warn of obvious risks.
Products Liability Strict Liability (Causation)
The defect must have existed when the p[roduct left the supplier control or adequate warning would have prevented harm and must be the actaul and proximate cause of the harm.
Products Liability Strict Liability (Damages)
Personal and property damages are recoverable while economic loss is not.
Products Liability Strict Liability (Defenses)
Plaintiff uses with a known defect, product supplied with adequate warnings and Plaintiff misuse.
Products Liability Strict Liability (State v Federal Law)
Federal Law preempts state law but makers of medical devices can be sued in state court.
Products Liability (Breach of Warranty)
Proof of fault not needed, must be filed with in reasonable time and privity with any person reasonable expected to use the product.
Products Liability (Breach of Warranty)
Proof of fault not needed, must be filed with in reasonable time and privity with any person reasonable expected to use the product.
Products Liability (Breach of Warranty - Damages)
Economic loss is recoverable.