Products Liability (follow the three steps)

STEP 1
Under tort law, A manufacturer or reseller who releases an unreasonably danerous
product into the stream of commerce is liable for harm caused!
E"ample#
$an % be held liable under products liability&
Under tort law, ''manufacturer or reseller'' who releases an ''unreasonably
danerous product'' into the ''stream of commerce'' is liable for personal in(ury or
property damae caused!
)ere, % is the *manufacturer or seller+! The product was unreasonably danerous
becuase !!!! ,t was released by % into the stream of commerce when !!!!
Therefore, if the elements discussed below are met, % can be held liable under products
liability!
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STEP .
,n order to reco/er, it must be pro/ed that the product is defecti/e in
1) desin (product desined as intended, but creates an unreasonable daner to
consumers) 0 but beware of state of the art as a defense
.) manufacture (product is not made as intended) 0 loo1 for product to be different
from the rest due to bad assembly, materials, or parts
2) warnin (daners not apparent to customer)!
E"ample#
3as the product defecti/e&
,n order to reco/er, it must be pro/ed that the product is defecti/e!
)ere, there is a *''+ (may be more than one - discuss separate pararaphs) defect
because !!!
Therefore the product was defecti/e!
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STEP 2
Plaintiff can reco/er under the theory of *'''''''''+ (may be more than one- discuss
separate pararaphs)
There are four theories the plaintiff can assert#
1) intentional, 2) breach of warranty, or
.) nelience, 4) strict liability!
Products Liability (,ntentional56attery) *product tamperin+
,n order for the plaintiff to reco/er on a theory of intent (battery), the plaintiff must pro/e
that the manufacturer, distributor, or supplier 1new the product would cause harm!
Products Liability (7elience)
,n order for a plaintiff to reco/er under a nelience theory of products liability, the
plaintiff will ha/e to pro/e duty, breach, causation, and damaes!
- %uty# oriinally e"tended only to those in pri/ity of contract, but under 8cPherson /!
6uic1, the duty was e"tended to all foreseeable users!
- 6reach# P must show the product failed to meet ordinary commercial e"pectations!
- $ausation# P must show that % was the actual and pro"imate cause!
- %amaes# limited to personal and property! Puniti/e a/ailable for rec1less conduct!
Products Liability (6reach of 3arranty)
Liability can be imposed aainst the manufacturer and seller of a product based upon
the buyer9s reliance upon e"press and5or implied warranties that the oods are of
merchantable :uality and are fit for their intended purpose!
Products Liability (Strict Liability)
Strict liability may be imposed aainst a manufacturer or seller of a product which is
defecti/e and therefore unsafe for its anticipated use, or for failure to warn the consumer
of an inherent daner in/ol/ed in the use of the product when put to an intended or
foreseeable use!
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E"ample ;une .<<4 6elow from Professor (not my own wor1)