Negligence and Strict Liability
Negligence and Strict Liability
Products LiabilityProducts Liability
The liability of manufacturers, The liability of manufacturers, sellers, and others for the injuries sellers, and others for the injuries caused by defective products.caused by defective products.
Negligence and Fault
Negligence Intentional Misrepresentation
Negligence and Fault(continued)
• Negligence– A person injured by a
defective product may sue.– The plaintiff must prove
that the defendant breached a duty of due care to the plaintiff that caused the plaintiff’s injuries.
– In a negligence lawsuit, only a party who was actually negligent is liable to the plaintiff.
Negligence and Fault(continued)
• Negligence (continued)
– Consumer can recover damages from the manufacturer of the product even though he or she was only in privity of contract with the retailer
Tort Liability Based on Fault (continued)
• Negligence (continued)
Failure to exercise due care includes:
– Failing to assemble the product carefully.
– Negligent product design.– Negligent inspection or
testing of the product.– Negligent packaging.– Failure to warn of the
dangerous propensities of the product.
Tort Liability Based on Fault (continued)
• Misrepresentation– Seller or lessor fraudulently
misrepresents the quality of a product, or conceals a defect in it
– Recovery limited to persons injured because they relied on the misrepresentation.
Strict Liability (continued)
• Liability Without Fault– Unlike negligence, strict
liability does not require the injured person to prove that the defendant breached a duty of care.
– Strict liability is imposed on manufacturers, sellers, and lessors who make and distribute defective products that cause injury to users and others.
Strict Liability (continued)
• Chain of Distribution– All parties in the chain of
distribution of a defective product are strictly liable for the injuries caused by that product.
– All manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers may be sued under doctrine of strict liability in tort
Defective product causes injury
Negligence
lawsuit lawsuit
Strict liabilityConsumer
Retailer
Distributor
Manufacturer (negligent)
Defective product
DefendantDefendant
Defendant
DefendantAll in the chain of distribution are liable
Negligent party is liable
Doctrines of Negligence and Strict Liability Compared
Defective Product
• To recover for strict liability, the injured party must first show that the product that caused the injury was somehow defective.
• Plaintiffs can allege multiple product defects in one lawsuit.
Defective Product(continued)
The most The most common common types of types of defects:defects:
ManufactureManufactureDesignDesign
PackagingPackagingFailure to WarnFailure to Warn
Defect in Manufacture
• Defect that occurs when the manufacturer fails to:
1. Properly assemble a product
2. Properly test a product, or
3. Adequately check the quality of a product
Defect in Design
• Defect that occurs when a product is improperly designed.
Design defects include:1. Toys designed with
removable parts that could be swallowed by children.
2. Machines and appliances designed without proper safeguards.
3. Trucks designed without a backup warning device.
Defect in Design(continued)
• In evaluating the adequacy of a product’s design, the courts apply a risk-utility analysis – Gravity of the danger posed
by the design– Likelihood that injury will
occur– Availability and cost of
producing a safer design– Social utility of the product
Failure to Warn
• Defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.
• Proper and conspicuous warning insulates all in chain of distribution
Defect in Packaging
• Defect that occurs when a product has been placed in packaging that is insufficiently tamperproof.– Manufacturers owe a duty
to design and provide safe packages for their products.
– Failure to meet this duty subjects the manufacturer and others in the chain of distribution of the product to strict liability.
Other Product Defects
• Failure to provide adequate instructions
• Inadequate testing of products
• Inadequate selection of component parts or materials
• Improper certification of the safety of a product
Generally Generally Known DangersKnown Dangers
Supervening Supervening EventEvent
Assumption of Assumption of the Riskthe Risk
Misuse of the Misuse of the ProductProduct
Statute of Statute of LimitationsLimitations
Government Government Contractor Contractor DefenseDefense
Contributory & Contributory & Comparative Comparative NegligenceNegligence
Defenses Defenses to Product to Product LiabilityLiability
Defenses to Product Liability (continued)
• Generally Known Dangers– Certain products are
inherently dangerous – Products are known to the
general population to be so– Sellers are not strictly liable
for failing to warn of generally known dangers.
Defenses to Product Liability (continued)
• Government Contractor Defense – Contractor who was provided
specifications by the government is not liable for any defect in the product that occurs as a result of those specifications
– Product must conform to specifications
– Contractor must have warned of known defects or dangers
Defenses to Product Liability (continued)
• Assumption of Risk– Defendant must prove
that the plaintiff knew and appreciated the risk
– the plaintiff voluntarily assumed the risk
Defenses to Product Liability (continued)
• Misuse of the Product – Relieves the seller of
product liability if the user abnormally misused the product.
– Products must be designed to protect against foreseeable misuse.
Defenses to Product Liability (continued)
• Correction of a Product Defect– Manufacturer must notify
purchasers and users– Must correct defect– Usually achieved through
recall and repair or replacement
Defenses to Product Liability (continued)
• Supervening Event– Alteration or modification of
a product by a party that absolves seller from strict liability
– Modification must be made after it leaves seller’s possession
– Alteration must cause injury
Statute of Limitations
• Statute that requires an injured person to bring an action within a certain number of years from the time that he or she was injured by the defective product
• Limitation period set by each state
• Defendant relieved of liability if action not brought within limitation period
Contributory Negligence
• Person who is injured by a defective product
• Injured party has been negligent– contributed to his or her
own injuries
• Cannot recover from the defendant.