R MINIREVIEW 35, é cons .. (PRODUCTS LIABILITY] ‘A. BASIC PRINCIPLES Prodi baby refereo the lability ofa supplier af a defective proce o someone injured by the product, 1, Theories of Liability hove be uni nase (sn (agian, i) ase Tah (8) imped sais of mercanabiiy and fines ntact ase end Pa Catan heer (xpress warty ad isrepresen a) reg astray 200. ion doesnot indicate what theory of ibiliy plein is wing poly ( 2, Common Elements Sofia ability under any producslisiity theory. pla must show: (i) feet and i) ‘Risenee of he dafect when the product left defendent’s control a. Types of Detects 4) Manufaetaring Defects o ‘a prsuct emerges from mnofscrring different and more dangerous chan he SB products made propel, ithas a manufacturing defect. 3 2) Design Defects ‘es al products of ine are the same But have dangerous propensities, they say be found 1 have a design defer. 3) Inadequate Warnings prodoct uy be defective ata rest of the manufacturer's fall o give a gute wamings os to the risks involved in using the product. For ibility to Mac, he danger must no be apparent users. b. Proving a Defect i 1) Two Ways to Prove Defect ‘Bxfendant wil be bable it pst can show either) tha se product failed to perform as safely as an ordinary consurer would expec (defendant must antici- Pete eusonable suse, of) that he defendant could have made te product Efe about serous impact om he produc’ pete or wll. 2) Scientiially Unknowable Risks Setendan wll not be held liebe for dangers not foreseeable atthe time of marking, 3) Unavoldably Unsafe Products w Manufeciutets wil ot beheld lable for some dangerous products (kes) if j te denges is apparent and thee ko safer vay ro make the product 12038, TORTS Existence of Defeet When Product Left Defendant's Contr “The defect must have exsigd when the product left defendant's consol This willbe infeed if the product moved tough normal chanelsofdistbution |S Tip Do virally al products silty ations, the fact ht theve was no conta tual privy between the plain and defendant wl ho: prevent plan from recover: ing, Nevertheless, is sil a favorite wrong choice in podueshabliy exam {questions bated on neligence ov suet ibility theories. Remember tht any foresee. ‘bt plain, noting» bystander, can ave any commercial supplier inthe ein of Gistsbution regardless ofthe absence ofa contracoa eatonshp bawveen them, B, LIABILITY BASED ON INTENT ¢ ‘Befendaat will be liable o anyone injred by an unsafe product i defendant intended th conse- Quences or Knew that they were substan certain to gocur If nents pretent, the moe key fonie batery 1 Who Can Sue? vit isnot required, so any injured plain can sue, Damages Inaddiion to compensatory damages, punitive damages ze avalabe Defences ‘The defences ae thove avilable in oir intentional tons eases Cr ©, LIABILITY BASED ON NEGLIGENCE {The pn faie cai the ste 5s in any negligence case, Psiniff must show (day, (3) breach, (i) atl and proximate cause, and (0) damages 1 Duty of Care [A diy of ete is owed wo any fovseeabe plait 2. Who Can Sue? Privy with be ‘Tis includes: dant is no longér require, so any foresseabe plaintiff can sue Users 2) Consumers; and 3) Bystanders b, Who Can Be Held Liable? Commercial suppliers such as manufacturers, wholesales, en retalers an be held Table Breach of Duty Breach of duty is shown by () negligent conduct of of 8 defective product(s éeinedsbove) ‘oi the supplying[Negligence i proved the same asin a "standaré” negligence ease The plaintiff may ‘noes igs loquitar 1b. Liability of Retllers and Wholesalers is ver diiculcio hole reales and wholesaler abe for negligence since they can usualy ssf tei duty Cough @ cursory inspection. 3. Causation Anintermedinry's (eg, wholesale's negligent fallre zo discover a defect dots not super sede the orgibl manufctorer’s negligence unless the intemedinys candoct exeeds ordinary foreseeable negligence 4. Nature of Damages Recoverable Physidl injury or propery damage must be shown, (Recovery wil be denied if the sale ‘lam i for exonoric loss.) Defenses ‘Thedetenses ae the same asin a general negligence action, >, (LIABIETYRASEDONSTRICETORTLIABEIT] merchant (ower esters “The pra ase ase: () a suit dy owed by acommercial supplier ofa produc, (i) beeach of Nib ag uae cour thay shoei et see ser rcones techie i 1 Duty = posed eect ay SSS Dyayere” Bitndani ay RIESE IS ea tek em wie oa etn cgantan 2 Who Cn soe? sense eon ta oe Privy is nt reqize’—asers, consumes, and bystanders can sue.| “ese. tat #4 1) NoSabstantial Alteration Se For list tach, te product must reach plaintf without sobaanial acs 2) Does Not Extend ta Services ‘Set peeducts lnbltyapliesonlv 10 products. Even where a producti po vided ineigent cos service (,blOod during sn operation), there sn set, Ubi. Plsintf may, noweve, se in esl gence, 1b, Who Can Be Held Liable? ‘Any commercial supplier an be held ible. Casal eles wil not be held sty isle Breach of Duty 1 plant must show shat he product is defective (as defined above). The i deft kee possums angers. Rte mn be iebleven ey | ave no opparrunity inspect the prod. 3. Causation MS For etal cause, plinff must show thet the defect existed when th produce defendant's > consol. Proximaieeause i the same asin negligence cess. vel