product_liability EMA4714

product_liability EMA4714 - A Materials Science Perspective...

Info iconThis preview shows pages 1–7. Sign up to view the full content.

View Full Document Right Arrow Icon
A Materials Science Perspective notes excerpted from West's Handbook Series - "Products Liability", by William Kimble and Robert O. Lesher, West Publishing Company, St. Paul, Minn. [1979]. Product Liability = a term used to describe a type of claim for personal injury or property damages arising out of the use of a product Product Liability is based upon legal principles of negligence , warranty , fraud , deceit or misrepresentation and strict liability
Background image of page 1

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

View Full DocumentRight Arrow Icon
Ultimate responsibility most frequently lies with the manufacturer Product Liability not sufficient for plaintiff to demonstrate that injury/damages were caused by a product - plaintiff required to show that injury/damages were caused by a defective product The burden placed on the manufacturer or seller is not to make or sell products that will not cause injury, but to make and sell nondefective products . If burden carried [non-defective product manufacture], no liability can be imposed, regardless of the consequences of the use of the product. Proof of existence of a defect depends upon the legal theory upon which claim is based.
Background image of page 2
Product Liability Forms in which defectiveness in a product can appear: defect introduced during a manufacturing process defect in design defect in inspection and testing defect in labeling or warning Defect can be real or abstract - any failure to perform a designed/intended function or a breach of warranty [promise or guarantee] - but all products liability cases contain three elements: a defective product an injury or loss a causal relationship between the product and the damage
Background image of page 3

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

View Full DocumentRight Arrow Icon
Product Liability Development of Products Liability - Case Law Evolution Evolved from Babylonian law - the Code of Hammurabi - c. 1790 BC 228. If a builder build a house for some one and complete it, he shall give him a fee of two shekels in money for each sar of surface. 229. If a builder build a house for some one, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death. 230 . If it kill the son of the owner the son of that builder shall be put to death. Items dealing with Manufacturing
Background image of page 4
Product Liability 232 . If it ruin goods, he shall make compensation for all that has been ruined, and inasmuch as he did not construct properly this house which he built and it fell, he shall re-erect the house from his own means. 231 . If it kill a slave of the owner, then he shall pay slave for slave to the owner of the house. 233 . If a builder build a house for some one, even though he has not yet completed it; if then the walls seem toppling, the builder must make the walls solid from his own means.
Background image of page 5

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

View Full DocumentRight Arrow Icon
Product Liability 234 . If a shipbuilder build a boat of sixty gur for a man, he shall pay him a fee of two shekels in money. 235
Background image of page 6
Image of page 7
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 42

product_liability EMA4714 - A Materials Science Perspective...

This preview shows document pages 1 - 7. Sign up to view the full document.

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