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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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