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4 Cards in this Set

  • Front
  • Back

Products liability essay approach

1. is it a product


2.is the Def a commercial manufacturer, seller, or distributor (1. in the business of selling, manufacturing 2. immunity? 3. the one that injured P)


3. was the product defective


1. Design


a. RUT


b. FAD


c. CET


2. Warning


1. Duty


a. Dangers and instructions


b. D knew or should have known


c. P didn't know/shouldn't have know


d. what it should have contained


2. foreseeable users


3. comprehensible ect.


4. redesign needed


3. Manufacturing


1. circumstantial evidence needed


4. Causation


(separate each defect/ read and heed presumption/foreseeable misuse)


5. Injury





What is a product?

A product is often determined solely on a jurisdictions social policies and the majority of courts have established that items that items which are intangible, which are those that covey ideas, thoughts, or expressions, are not considered products. However, a item that causes injuries from its tangible aspects have been determined to be products.

What are social policies that are used to determine whether an item should be a product for strict liability?

1. Accident prevention


Risk that cannot be eliminated with reasonable care


increase item safety


2. Loss spreading through insurance


cost would be burdensome on the consumer


value to society


control-ability of the creating and distributing of the product.


3. regulatory systems


4. decrease in american competitiveness worldwide because the cost of strict liability would be too much for defendant to produce the product

Rule when a defendant can be liable for Products Liability

A defendant can be liable for injures caused by a product if they are engages in the business of selling, manufacturing or distributing that specific type of product, is not immune, and manufactured, sold, or distributed the actual product that injured the plaintiff.




To be a commercial seller, manufacturer, or distributor a defendant must hae more thean occasional or