Product Liability: Defects, Legal Theories, and Comparative Development

All flashcards

What is product liability?

The area of law that holds manufacturers, distributors, suppliers, retailers, and other businesses potentially responsible for injuries caused by products they make available to the public.

What does product traditionally mean in product liability law?

It traditionally refers to tangible personal property, rather than services or all forms of intangible property.

What is strict liability?

A form of liability that focuses on whether a product was defective and caused injury, rather than requiring proof that the defendant acted carelessly. The claimant must still prove the elements required by the applicable law.

How do countries commonly legislate product liability?

They may enact a separate product liability act, add rules to a civil code, or include liability provisions in a broader consumer protection law.

What is the difference between substantive law and procedure?

Substantive law sets the rules for liability and remedies; procedure governs how claims are investigated and pursued, including evidence access and court processes.

Quiz questions

1. What change did MacPherson v. Buick Motor Co. make to negligence claims?Answer: It recognized a manufacturer's duty to foreseeably endangered users without a direct contract.
2. How did Henningsen v. Bloomfield Motors, Inc. affect implied-warranty claims?Answer: It weakened privity as a barrier to implied-warranty claims against a manufacturer.
3. What doctrine did the California Supreme Court adopt in Greenman v. Yuba Power Products, Inc.?Answer: Strict liability in tort for injuries caused by defective products.
4. What did the European Economic Community's 1985 Product Liability Directive establish?Answer: A statutory system of no-fault liability focused on producers of defective products.
5. Under the Restatement (Third) approach, what does a plaintiff generally need to show for a design-defect claim?Answer: The feasibility of a safer alternative design under a risk-benefit approach.