Chapter 10: Product liability. After reading this chapter, you will be able to answer the following questions: What are the theories of liability in product liability cases? What is market share liability? | Chapter 10 Product Liability Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 10: Product Liability 10- Theories of Liability for Defective Products: Negligence—Plaintiff must show: Defendant manufacturer/seller owed duty of care to plaintiff Defendant breached duty of care by supplying defective product Defendant’s breach of duty caused plaintiff’s injury Plaintiff suffered actual injury In order to successfully sue a defendant product manufacture and/or seller for negligence, the plaintiff must show that the defendant owed a duty of care to the plaintiff, that the defendant breached the duty of care by supplying a defective product, that the defendant’s breach of duty caused the plaintiff’s injury, and that plaintiff suffered actual harm. 10- Summary of Product Liability Theories: Negligence Who Can Sue: Any foreseeable plaintiff Who Can Be Liable: Any commercial supplier in distribution chain Defenses Available: Assumption of the risk Comparative/contributory negligence Damages Recoverable: Personal injuries Property damages In terms of product liability for negligence, any “foreseeable” plaintiff can sue, and any commercial supplier in the distribution chain can be held liable. Available defenses include assumption of the risk, and comparative or contributory negligence. Personal injury and property damages are recoverable in a product liability action based on negligence theory. 10- Theories of Liability for Defective Products: Strict Liability—Plaintiff must show: Product defective when sold Product was so defective that it was unreasonably dangerous Product caused plaintiff’s injury In order to successfully sue a defendant product manufacturer and/or seller for strict liability, the plaintiff must show that the product was defective when it was sold, that the product was so defective it was unreasonably dangerous, and . | Chapter 10 Product Liability Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 10: Product Liability 10- Theories of Liability for Defective Products: Negligence—Plaintiff must show: Defendant manufacturer/seller owed duty of care to plaintiff Defendant breached duty of care by supplying defective product Defendant’s breach of duty caused plaintiff’s injury Plaintiff suffered actual injury In order to successfully sue a defendant product manufacture and/or seller for negligence, the plaintiff must show that the defendant owed a duty of care to the plaintiff, that the defendant breached the duty of care by supplying a defective product, that the defendant’s breach of duty caused the plaintiff’s injury, and that plaintiff suffered actual harm. 10- Summary of Product Liability Theories: Negligence Who Can Sue: Any foreseeable plaintiff Who Can Be Liable: Any .
