15 Questions
Who can be held liable in a products liability case based on negligence theory?
Any person or company that designed or manufactured or assembled or labeled or shipped the product
What is a products liability case?
A case involving personal injury or property damage caused by a defective or unreasonably dangerous product
What is a products liability case?
A case involving personal injury or property damage caused by a defective or unreasonably dangerous product
Who owes a duty of reasonable care in a products liability case?
Any commercial supplier
What are the main theories of recovery for a plaintiff to seek in a products liability case?
Negligence, breach of warranty, strict liability
Who owes a duty of reasonable care in a products liability case?
Any commercial supplier
What is the duty to warn in a products liability case?
Commercial supplier has a duty to use reasonable care in warning to the dangers of using that product
What is the duty of a commercial supplier in a products liability case?
To use reasonable care in designing, testing, making, and warning of dangers of using the product
What are the three main theories of recovery for a plaintiff to seek in a products liability case?
Negligence, breach of warranty, strict liability
Who can be held liable on a negligence theory in a products liability case?
Any person or company that designed or manufactured or assembled or labeled or shipped the product
What is the duty of a commercial supplier in a products liability case?
To use reasonable care in warning of the dangers of using that product
When is a seller liable in a products liability case?
The seller exercised a substantial control over that aspect of the product that made it defective or unreasonably dangerous
What are the exceptions to the general rule that commercial sellers are not liable on a negligence theory in a products liability case?
Seller exercised substantial control over the aspect of the product that made it defective or unreasonably dangerous, seller alters or modifies the product that contributed to injuring the buyer, seller gives an express warranty, manufacturer is no longer subject to service of process, manufacturer is judicially declared insolvent by a court
Under what circumstances is a seller liable on a negligence theory in a products liability case?
If the seller exercised a substantial control over that aspect of the product that made it defective or unreasonably dangerous
What are the theories of recovery for a plaintiff to seek in a products liability case?
Negligence, breach of warranty, strict liability
Study Notes
Test your knowledge on Products Liability Cases with this quiz! Learn about the legal definition of personal injury or property damage caused by a defective or unreasonably dangerous product, and the various legal theories that apply. Discover that a product liability case doesn't only involve money damages, and differentiate between cases that qualify and those that don't. Take this quiz to become an expert on products liability cases!
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