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Products Liability

Products Liability. “Liability for Defective Products”. Products Liability. Definition: Corporate liability for injuries or damages suffered by the user from defective products Restatement of Torts (Section 402(a)) Applies to manufacturers, sellers and distributors of goods.

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Products Liability

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  1. Products Liability “Liability for Defective Products”

  2. Products Liability • Definition: • Corporate liability for injuries or damages suffered by the user from defective products • Restatement of Torts (Section 402(a)) • Applies to manufacturers, sellers and distributors of goods

  3. Personal injuries Past, present and future Fair and adequate compensation Medical expenses Lost earnings Pain and suffering Impaired future earnings capacity Property damage Punitive damages (most states) Recoverable Damages

  4. Punitive Damages • Awarded to Plaintiff over and above full compensation for injuries • Intended to “punish” defendant and “deter” others from following the defendants example • Example: • Coffee spill cases • Airline crashes

  5. Legal Theories • “Causes of action” • Legal theory under which plaintiff believes damages should be awarded • Basis of courts jurisdiction • Three theories in Product liability cases: • Negligence • Breach of Warranty • Strict Liability

  6. Strict Liability • Liability without fault • Raw Oysters • Naturally contaminated • How do you prove a food product is “defective” • Can foods be made risk free? • Congress doesn’t think so • Proximate Causation

  7. Negligence • Most common cause of action in food law cases • Failure to exercise reasonable care under circumstances • “Prudent food processor” • Contributory Negligence • Duty, breach, damages

  8. “Negligence Per Se” • Violation of a regulation which was designed to prevent the type of harm suffered by the plaintiff • HACCP is a regulation specifically designed to prevent contamination • Failure of follow HACCP may be “NPS”

  9. Breach of Warranty • Manufacture liable if product was not “reasonably safe” and did not conform to an express or implied warranty • Strict liability if warranty breached • Express vs. Implied Warranties • Express = “basis of the bargain” • Implied = given by someone “in the business of selling”

  10. Effect of HACCP • HACCP can be evidence that defendant took “reasonable care” • Not negligence because: • HACCP shows that manufacture use reasonable care • Not Breach of Warranty because: • Following HACCP means product means “prevailing standard of quality”

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