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ch06 - Business Law
ch06 - Business Law
Doctrine of negligence
Abnormally
§1: Strict Liability
Dangerous Activities
Defendant’s liability for strict liability is Defendant is strictly liable for an
without regard to: “abnormally dangerous activity” if:
Fault. Activity involves serious potential harm;
Foreseeability. Activity involves high degree of risk that
Standard of Care. cannot be made safe; and
Causation. Activity is not commonly performed in the
Liability is based on creation of community or area.
extraordinary risk.
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Product Liability Product Liability
(Negligence) [3] (Misrepresentation)
Manufacturers who violates state or federal law Occurs when fraud committed against
in the manufacture or labeling of a product, consumer or user of product.
may be negligent per se.
Fraud must have been made knowingly
No privity of contract required between
Plaintiff and Manufacturer. Liability extends to
or with reckless disregard for safety.
any person’s injuries caused by a negligently Plaintiff does not have to show product
made (defective) product. was defective.
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§4: Strict Liability— Strict Liability:
Restatement (3rd) of Torts Manufacturing Defects
The terms “unreasonably dangerous” Occurs when a product “departs from its
and “defective” are used interchangeably intended design even though all possible
and subject to differing definitions by care was exercised in the preparation and
different courts. marketing of the product.”
Restatement defines three different types
of defects: manufacturing, design and
warning defects.
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§5: Defenses to
Warning Defects [2]
Product Liability
There is no duty to warn about obvious Assumption of Risk.
or commonly known risks. Product Misuse (Plaintiff does not know
Seller must also warn about injury due to the product is dangerous for a particular
product misuse. Key is whether misuse use).
was foreseeable. Contributory/Comparative Negligence.
Commonly known dangers.
Statutes of Limitation.
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Case 6.1: Greenman v. Yuba Power Products Case 6.1: Greenman v. Yuba Power Products
(Strict Product Liability) (Strict Product Liability)
Case 6.3: Liriano v. Hobart Co. Case 6.3: Liriano v. Hobart Co.
(Warning Defects) (Warning Defects)