Chapter 6 Product Liability Part 2 - STRICT LIABILITY AND PRODUCT LIABILITY Strict Liability Another type of claim in tort law Liability is imposed

Chapter 6 Product Liability Part 2 - STRICT LIABILITY AND...

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STRICT LIABILITY AND PRODUCT LIABILITY
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Strict Liability Another type of claim in tort law. Liability is imposed without regard to fault. Courts apply the strict liability doctrine in cases where there are abnormally dangerous activities or situations.
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Example: Non Product Strict Liability Dynamite blasting because it is abnormally dangerous. If someone is injured, the blaster will be held liable even if they were not at “fault” (negligent).
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Example: Non Product Strict Liability Dangerous Animals that get loose or attack even if owner was not at “fault.”
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Another Example: Farm Animals on the Loose – Strict Liability Horses, bulls, cows, can get loose even if you make good fences. They can cause property and personal injury.
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Product liability
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PRODUCT LIABILITY Product Liability is the legal liability of manufacturers, sellers and lessors of goods to consumers, users, and bystanders for injuries or damages caused by the goods. Remember, the operative word, product .
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2 Theories for Claims Based on Product Liability : Contract Claims – Re: Products, the “contract” is usually a warranty, either express or implied. Tort Claims Negligence in design, materials, assembling, inspecting and testing. Misrepresentation Strict Liability
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Product Liability Based on Warranty Law (Contract Law- can be oral or written express warranty.)) News cars, tvs, computers. Generally, new goods will have express warranties. If something goes wrong with them, you can pursue a claim based on the express warranty.
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Product Liability Based on Warranty Law (Contract Law) Many goods have implied warranties of merchantability. This means goods should be reasonably fit for the ordinary purpose for which they are used.
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Disclaimers A manufacturer can disclaim warranties. The express warranty can contain express limitations. The implied warranty or merchantability can be disclaimed by the expressions “as is” or “with all faults.”
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Disclaimers of Warranties “This product is being sold “As Is”
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Disclaimer of Warranties “Results May Vary”
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  • Fall '11
  • LonMoeller
  • Tort Law, final product, Product liability

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