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Unformatted text preview: conspicuously (obvious) II) Tort Theories A) Negligence/Recklessness B) Strict Liability the Plaintiff can recover from the Seller even if they cant prove the Seller did anything wrong 1) Defendant is a merchant AND 2) Defendant sold the product in a defective condition AND 3) Defect renders the product unreasonably dangerous AND 4) Plaintiff was injured in result III) Defenses to Liability A) Statutes of Limitations B) Comparative Negligence Plaintiffs negligence reduces what they receive from the Defendant 1) Pure doesnt matter what percentage the plaintiff was at fault, they can still recover (a) If the problem was 99% the plaintiffs fault, they can recover the remaining 1%. 2) Mixed if the Plaintiff is greater than 50% at fault, they cant recover damages (a) If the problem was 99% the plaintiffs fault, they can NOT recover the remaining 1%....
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This note was uploaded on 01/19/2012 for the course BSL 212 taught by Professor Guzzi during the Spring '07 term at University of Miami.
- Spring '07