Uploaded by Sakura Shiro

Analysis exam cheatsheet

advertisement
402A of Restatements: Products Liability
 Defect when it left the seller




Unreasonably dangerous
Causation of injures
Product left seller without change
Consumer Expectations Test:
o product was defective when it left the seller,
 "defective" is a condition that the consumer did not expect.
o
it is unreasonably dangerous as a result of the defect,
 Unreasonably dangerous: what the consumer would expect
o
the defect caused an injury,
o and it reached the consumer without change
 Risk Utility Test (Restatement 3d, Products Liability):
o Design defect when foreseeable risk could have been reduced or avoided
by reasonable alternative design
o Unreasonably dangerous to consumer
o Product malfunctioned
o Caused injuries
strict liability,
 it must be established that the product was in a defective condition when it
left the possession of the seller,
 it was unreasonably dangerous to the user or consumer,
 the defect was the cause of the injuries, and
 the product was expected to and reached the consumer without substantial
change in its condition.
Download