Glossary of Chapter 5: Product and Strict Liability
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- Products Liability
- The liability of manufacturers, sellers and others for the injuries caused by defective products.
- Negligence Tort
- A tort related to defective products where the defendant has breached a duty of due care and caused harm to the plaintiff.
- Intentional Misrepresentation
- When a seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby.
- Chain of Distribution
- All manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction.
- Doctrine of Strict Liability in Tort
- A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect irrespective of fault.
- Something wrong, inadequate, or improper in manufacture, design, packaging, warning, or safety measures of a product.
- Defect in Manufacture
- A 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 the product.
- Defect in Design
- A defect that occurs when a product is improperly designed.
- Crashworthiness Doctrine
- A doctrine that says automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person's body striking something inside the automobile in the case of a car accident.
- Defect in Packaging
- A defect that occurs when a product has been placed in packaging that is insufficiently tamperproof.
- Failure to Warn
- A 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.
- Failure to Provide Adequate Instructions
- A defect that occurs when a manufacture does not provide detailed directions for safe assembly and use of a product.
- Supervening Event
- An alteration or modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability.
- Generally Known Dangers Defense
- A defense that acknowledges that certain products are inherently dangerous and are known to the general population to be so.
- Government Contractor Defense
- A defense that says a 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.
- Assumption of the Risk Defense
- A defense in which the defendant must prove that (1) the plaintiff knew and appreciated the risk and (2) the plaintiff voluntarily assumed the risk.
- Misuse Defense
- A defense that relieves a seller of product liability if the user abnormally misused the product. Products must be designed to protect against foreseeable misuse.
- Statute of Limitations
- A 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.
- Statute of Repose
- A statute that limits the seller's liabilty to a certain number of years from the date when the product was first sold.
- Contributory Negligence Defense
- A defense that says a person who is injured by a defective product but has been negligent and has contributed to his or her own injuries cannot recover from the defendant.
- Comparative Negligence Doctrine
- A doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages.
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