33:140:320 Chapter Notes - Chapter 6: Strict Liability, Product Liability, Damages

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Product liability: the liability of manufacturers, sellers, lessors, and others for injuries or death caused by defective products. 6. 1 product liability: negligence: the defe(cid:374)da(cid:374)t (cid:374)eeds to (cid:271)e at fault fo(cid:396) (cid:272)ausi(cid:374)g the plai(cid:374)tiff"s i(cid:374)ju(cid:396)ies. To be successful, the plaintiff must prove that the defendant breached a duty of due care to the plaintiff and thereby caused the his/her injuries. Failure to exercise due care includes failing to assemble a product carefully, negligent product design, negligent inspection or testing of a product, etc. Only the party who was actually negligent is liable to the plaintiff. 6. 2 product liability: misrepresentation (or intentional misrepresentation or fraud): a buyer or lessee who is injured because a seller or lessor fraudulently misrepresented the quality of a product can sue the seller. However, recovery is limited to persons who were injured. Intentional misrepresentation occurs when a seller or lessor either: affirmatively misrepresents the quality of a product, conceals a defect in it.

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