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Product Liability

Product Liability. Manufacturing (Strict Liability) Was it made with a defect? Product must be substantially unaltered . Ø modifications Ø damages Ø wear & tear The General Defect Theory states that… Ø Accidents of this type do not occur without a defect

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Product Liability

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  1. Product Liability

  2. Manufacturing (Strict Liability) Was it made with a defect? Product must be substantially unaltered. Ø modifications Ø damages Ø wear & tear The General Defect Theory states that… Ø Accidents of this type do not occur without a defect Ø The Plaintiff sufficiently eliminated other proximate causes Design (Negligence) Was it made with a defective design? RISKS vs. UTILITY Ø Monetary costs for a new design Ø Lost utility (positives of old design) Ø Trade off safety costs (negatives about new design)

  3. Warnings (Negligence) Does it warn us like it should? • Functions of Warnings • 1. Informationalthe product is dangerous • 2. Warningthere are ways to limit the risk • 3. Judging reasonableness • o  Is the risk known? • o  Is the harm foreseeable? • o  Reasonableness: is it just plain silly to warn about? • Exceptions – obvious danger

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