Comment f applies to any manufacturer of such a

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Employment Law for Human Resource Practice
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Chapter 9 / Exercise 2
Employment Law for Human Resource Practice
Walsh
Expert Verified
Comment f: Applies to any manufacturer of such a product, to any wholesale or retail dealer or distributor, and to the operator of a restaurant. Does not apply to occasional seller who is engages in activity as not part of business activity. Comment i: the article sold must be dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it. Types of Product Defects: 1. Manufacturing Defects: any imperfection, shortcoming, or abnormality in a product that departs from its design specifications and prevents the product from safely performing its intended function. a. Test for Determining: product in question typically is compared to the manufacturer's own standards or specifications to determine if there is a difference that makes the product less safe. 2. Design Defects: a defect in a product as a result of the design, present in all models of the same make. Generally exist when safety hazards in the design could have reasonably been eliminated. a. Test for Determining: a design defect can be found if a reasonable, safer, cost-efficient design was technologically feasible when the product was sold that would not unduly impair the overall utility of the product. i. Consumer Expectations Test: asks whether the product is more dangerous that the ordinary consumer would expect. 1. No expert needed because defect is within general knowledge/ability of juror to understand. 2. Π can use experts to show what average users of specialized product may expect. ii. Risk-Utility Test: asks whether there is a safer, feasible, cost-effective alternate design that does not impair the usefulness of the product. 1. Weight trade-offs, feasible design. 2. Focus on products, not conduct of ∆, assumes ∆ knows of alleged defect. 1. Asks whether given knowledge product should be redesigned. 2. No expert needed. 3. Π may sue all links in distribution. 4. Can introduce evidence of subsequent remedial measures ( Policy may lead to rejecting this, as discourages remedial measures ). 47
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Employment Law for Human Resource Practice
The document you are viewing contains questions related to this textbook.
Chapter 9 / Exercise 2
Employment Law for Human Resource Practice
Walsh
Expert Verified
Deagon 3. Warning and Instruction Defects: if a manufacturer fails to warn consumers of a material risk of danger in the use of the product. May also exist when the given warning is inadequate. a. Test: What would a foreseeable user when to know of the products risk. i. Does the warning convey the extent of the danger? ii. Is the warning prominently placed?

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