QST LA 245 Lecture Notes - Lecture 9: Glyphosate, Product Liability, Punitive Damages
Document Summary
This negligence holds manufacturers and sellers of products are responsible for their actions. Case daniell v. ford - does ford have a duty to warn if you get stuck in a car trunk. Story: person got stuck in the trunk of ford. Sued that ford (1) did not warn user that you cannot open the trunk when you are inside the trunk (2) is strictly liable for the design defect. Court: under strict products liability and negligence, manufacturer has a duty to consider risks of injury that are foreseeable too. Risk is not foreseeable if the product is used in a way that the manufacturer did know of bc then the risk of injury would not be foreseeable by manufa. Trunk was designed in a way that it was impossible for an adult to enter the trunk and close the lid, based on the dimensions of the trunk. Therefore, the use of trunk to commit suicide was unforeseeable use.