Torts Outline

Products Liability Scheme

Theories Defect

Characteristics (failure to exercise due

care in):

Tests for Defective

Design

Resulting Theories

Liability Viewpoints

Negligence Design

Time of manuf. (D) Time of use (P) Time of trial (P)

Consumer expectations (2nd Rest. – 402(a))

Strict liability or negligence

Plaintiff view: high

science/state of the art –

strict liability or

negligence.

Implied Warranty

Manufacture/ Construction

Reasonable Alternative

Design (3rd Rest. – 2(b))

Negligence Defendant view:

reasonably prudent

manufacturer – negligence

Express Warranty

Warnings/ Instruction

Risk-Utility Analysis with RAD as a non-

mandatory factor (402(a))

Hand, Cardozo/A

ndrews Traynor Analysis

Causation Injury

Strict Liability (2nd Rest. –

402(a)/3rd Rest. – 2(b): RAD)

Labeling (machine tool plate)

Packaging

DEFECT

Post sale due care obligations

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