Chapter 10 - Chapter 10: Product Liability based on tort...

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Chapter 10: Product Liability –based on tort law 1. Theories of Liability a. Plaintiff must show: a.i. The product is defective a.i.1. Manufacturing defect: when an individual product has a defect making it more dangerous than the other identical products a.i.2. Design defect: when all products of a particular design are defective and dangerous a.i.3. Inadequate warnings about potential dangers associated with the product a.ii. The defect existed when the product left the defendant’s control b. Negligence b.i. Must prove four elements of typical negligence b.ii. Negligent Failure To Warn: plaintiff must demonstrate the defendant knew or should have known that without a warning, the product would be dangerous in its ordinary use, or in any foreseeable use b.iii. Negligence per se: when a manufacturer fails to meet labeling, design, or content requirements for products b.iv. The plaintiff in a product liability case may recover compensatory damages, designed to provide compensation for provable losses, and
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Chapter 10 - Chapter 10: Product Liability based on tort...

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