BALW20150 Lecture Notes - Lecture 6: Product Liability, Strict Liability
21 Feb 2017
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Document Summary
Product strict liability claim if there is an injured consumer, the consumer can bring a claim against anyone in the distribution chain of product cannot do that with negligence. To recover for strict liability, the injured party must first show that the product that caused the injury was somehow defective. Plaintiffs can allege multiple product defects in one lawsuit. Three types of defect: manufacture, design, failure to warn. Defect in manufacture a defect that occurs when the manufacturer fails to: properly assemble a product, properly test a product, or, adequately check the quality of a product, of all defects, this is the easiest to prove. Defect in design a defect that occurs when a product is not safely designed. Design defects include: toys designed with removable parts that could be swallowed by children, machines and appliances designed without proper safeguards, trucks designed without a backup warning device.
