BLAW - Chapter 10 - Alex Fish BLAW Chapter 10 (Product...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Alex Fish BLAW – Chapter 10 (Product Negligence) Theories of Liability for Defective Products Generally speaking, a plaintiff must show that a product was defective, and that the defect existed when the product left the defendant’s control Manufacturing Defect: When a product is defective, but the majority of identical products made under the same process are not defective, just a “bad batch” Design Defect: When all products of a particular design are defective and dangerous Failure to provide adequate warnings: when a product can be dangerous in certain ways but does not adequately warn its users Negligence in Product Liability: To win this type of case, a plaintiff must prove the same four elements: duty, breach of duty, causation, and damages. Negligent Failure to Warn: A plaintiff would need to show that the defendant knew or should have known that without a warning, the product would be dangerous in its ordinary use, or in any reasonable foreseeable use, and the defendant still failed to provide a warning. o No duty to warn exists for dangers arising either from unforeseeable misuses or from obvious dangers. o For medical and cosmetic products causing adverse reactions, a plaintiff must show that their bad reaction to the product is one suffered by a decent sized group, that the defendant should have known about the group, and that they are a part of the group
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 05/31/2010 for the course ACCT 1237 taught by Professor Hillman during the Spring '10 term at Drake University .

Page1 / 4

BLAW - Chapter 10 - Alex Fish BLAW Chapter 10 (Product...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online