MGSC30H3 Study Guide - Final Guide: Contributory Negligence, Tort, False Imprisonment

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Liability of manufacturers for injury/loss arising from defects in products. Extends duty of care by manufacturer to all those who use products and are injured as a result (case of donoghue v. stevenson) *** must prove that the product caused the harm. *** manufacturer must show that cause of defect is not something for which it should be liable (took all reasonable precautions to prevent defective product) If manufacturer is aware of defect will be liable for damage from that defect. * if product can be produced without defect, manufacturer will be liable for defect and can"t say that it costs more to eliminate the defect. Note: if precautions were foolproof and some employee made the mistake, then the manufacturer is vicariously liable. * plaintiff must show she would not have used product after the warning. Owner/occupier must not be negligent concerning dangers, especially concealed dangers on property.