Liability

4/30/2015

1

Defective Products

Objectives

• Types of defects

• Strict liability

• Who is responsible?

• Defenses

4/30/2015

2

Types of Defects

• Manufacturing defect

• Design defect

• Inadequate warnings

Strict Liability

• No need to show negligence

• Requirements – Product was defective

– Defect made product unreasonably dangerous

• Compliance with regulation

4/30/2015

3

Responsibility

Image from: http://imgkid.com/tort-law-negligence.shtml

Defenses

• Traditional tort defenses

• Comparative fault

• Assumption of risk

• Obviousness of risk

• Product misuse

• Federal law preemption (tobacco, airbags)

4/30/2015

4

Summary

• Mechanical/design defects

• Warnings and notices

• Negligence vs. strict liability

• Defenses vary by jurisdiction