Strict Liability & Products Liability PDF

Strict Liability & Products Liability Strict Liability * Strict liability is the imposition of absolute liability on a defendant without a finding of fault (Such as tortious intent or negligence) Plaintiff need only prove that the tort occur...

Strict Liability & Products Liability Strict Liability * Strict liability is the imposition of absolute liability on a defendant without a finding of fault (Such as tortious intent or negligence) Plaintiff need only prove that the tort occured and that the defendant was responsible Situations: Animals Abnormally dangerous activities Strict Products Liability Products Liability * Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Kramer v. Java World Hot Coffee (film trailer) NYT: Liebeck v. McDonald's Restaurants Stella Liebeck's Injuries Several different theories of products liability Products Liability Theories If intentional, just look at intentional torts (no need for a Products Liability analysis) Strict Products Liability Sallyenem Negligence Express Warranty Implied Warranty Products Liability Approach I Issue 1. Proper Damages? Issue 2. Proper Parties? Issue 3. Standard Issue 4. Causation Issue 5. Defenses Chart Strict Products Liability A commercial supplier places a product in the stream of commerce in an unreasonably dangerous defective condition which causes damages. Strict Products Liability Approach Damages: Personal Injury/Property Damage Parties: Anyone in supply chain (not private sellers) and Buyer/User/Foreseeable Bystander Standard: Unreasonably dangerous defective product (Defect: Manufacturing, Design, Warning) Causation: Actual & Proximate Cause Defenses: Unforeseeable misuse of product Unforeseeable alteration of product Assumption of Risk NO contributory or comparative negligence  Standard - Defects Manufacturing Defect: Product comes out of factory wrong Design Defect Risk/Benefit Test: Do risks outweigh benefit of product? Consumer Expectation Test: Is product dangerous beyond expectations of ordinary consumer? Warning Defect Duty to warn of foreseeable significant risks at time of manufacture Types Absence of warning Inadequate warning  Causation Actual cause: Defendant’s actions must be the cause in fact of plaintiff’s injury + Proximate Cause: Looks to see if there is any reason defendant should be relieved of liability (i.e., is it fair to hold defendant liable for the consequences of his/her/their actions?) Direct Cause Indirect Cause Dependent Intervening Act Independent Intervening Act Superseding Act?  Negligence A defective product is not enough, must show a breach (some unreasonable conduct) that led to the injury Limited to behavior supply chain is not automatic  Negligence Approach Damages: Personal Injury/Property Damage Parties: Anyone in supply chain who breached duty (also private sellers, repairers); and all foreseeable Ps (Palsgraff) Standard: Reasonable care under the circumstances Causation: Actual & Proximate Cause Defenses: Unforeseeable misuse of product Unforeseeable alteration of product Contributory or comparative negligence Assumption of Risk Warranty Express Warranty Statement about the safety/functionality of product that is not true and causes injury Implied Warranty Of merchantability OR for fitness for a particular purpose Merchantability: Fit for average purpose intended at time sold (edible cheeseburger, functioning car) Fitness for Particular Purpose: Implicitly warranted for (cold weather sleeping bag)  Express Warranty Approach Damages: Personal Injury/Property Damage (& pure economic loss) Parties: Anyone who makes the warranty and foreseeable P who relies on statement Standard: Set by explicit statement; failure to conform to warranty leads to injury & liability Causation: Actual & Proximate Cause Defenses: Unforeseeable misuse of product Unforeseeable alteration of product Assumption of Risk Implied Warranty Approach Damages: Personal Injury/Property Damage (& pure economic loss) Parties: Seller & purchaser Standard: Set by warranty Merchantability: Fit for average purpose intended at time sold Fitness for Particular Purpose: Implicitly warranted for (cold weather sleeping bag) Causation: Actual & Proximate Cause Defenses: Unforeseeable misuse of product Unforeseeable alteration of product Assumption of Risk