Product Defects

Product Defects

Three types of product defects:

Ø  Manufacturing defects.

Ø  Design defects.

Ø  Warning Defects

Strict Liability: Manufacturing Defects

Occurs when a product “departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.”

Strict Liability: Design Defects

Occurs when the “foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative . . . and the omission of the alternative design renders the product not reasonably safe.”

Strict Liability: Warning Defects

A product may be defective because of inadequate warnings or instructions.

Liability based on Foreseeability that proper instructions/labels would have made the product safe to use.

Case 6.3: Liriano v. Hobart Co. (1999).

Warning Defects

There is no duty to warn about obvious or commonly known risks.

Seller must also warn about injury due to product misuse. Key is whether misuse was foreseeable.