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21 Cards in this Set

  • Front
  • Back
Product liability
The liability of manufacturers, sellers, and others for the injuries caused by defective products
Negligence
A tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff
Intentional misrepresentation
A tort in which a seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby. Also known as Fraud
Strict liability
A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect

IRRESPECTIVE of fault
Chain of distribution
All manufacturers, distributors, wholesalers, retailers, lessors and sub component manufacturers involved in a transaction
Product Defect
Something wrong, inadequate, or improper in the manufacture, design, packaging warning or instructions about a product
Defect in manufacture
A defect that occurs when a manufacturer fails to

properly assemble a product

properly test a product

adequately check the quality of the product
Defect in Design
a defect that occurs when a product is improperly designed
crashworthiness doctrine
A doctrine that says a automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person's body striking something inside the automobile in the case of a car acident.
Failure to warn
A defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown
Defect in packaging
A defect that occurs when a product has been placed in packaging that is insufficiently tamperproof

tamperproof packaging
Failure to provide adequate instructions
A defect that ocurs when a manufacturer does not provide detailed directions for safe assembly and use of a product
Punitive damages
Monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff
Generally known dangers
A defense that acknowledges that certain products are inherently dangerous and are known to the general population to be so
Government contractor defense
A defense that says a contractor who was provided specifications by the governemtn is NOT liable for any defect in the product that occurs as a result of those specifications
Misuse
A defnse that relieves a seller of product liability if the user abnormally misused the product.

Products must be designed to protect against foreseeable misuse
Supervening event or intervening event
An alteration or modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability
Statute of limitations
A statute that requries an injured person to bring an action withing a certain number of years from the time that he or she was injured by a defective product
Statute of repose
A statute that limits the seller's liabilty to a certain number of years from the date the product was sold
Contributory negligence
A defense that syas a person who is injured by a defective product but has been negligent and has contributed to their own injuris CANNOT recover from the defendant
Comparative fualt
A doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages