Chapter 13 – Strict Liability and Product Liability

Practical Internet Exercise 13-1:

Legal Perspective—Product Liability Litigation

Instructions: The law offices of Monheit, Silverman & Fodera have posted on the Web information relating to a number of legal areas, including product liability. Go to the URL given below to access an article concerning “Litigation Over Dangerous Products.” Read through the article and then answer Questions 1–4:

Visit URL:

Litigation Over Dangerous Products Article

http://www.civilrights.com/htdocs/prod.html

Questions and Answers

Answer the following questions in the fields below.

Question 1: Why does the author believe that product-liability lawsuits are effective weapons against unreasonably dangerous products?

Question 2: When initiating a product-liability suit, what parties should the plaintiff include as defendants in the case?

Question 3: Is an injury from a product, in itself, a sufficient justification for bringing a product-liability suit, or must the plaintiff also allege that the injury resulted from a “defective” product? In the context of product-liability law, what does the term defective mean?

Question 4: Describe the three theories under which product-liability lawsuits traditionally have been brought. What must the plaintiff prove under each of these theories?

Exercise 13-2:

Management Perspective—The Duty to Warn

Instructions: As you read in the text, manufacturers have a duty to warn consumers of foreseeable risks of harm from the use or misuse of their product. The manufacturer does not have a duty to warn of obvious or commonly known risks. Manufacturers can be left open to lawsuits by failing to provide adequate warnings to accompany their products. Of course, the types of warnings and how they are communicated to the consumer varies depending on the product and the consumer.

Click on the URL below for a synopsis of a presentation given to Boating Week, a convention of the recreational boat-building industry. The presentation was given by an attorney regarding a manufacturer’s (in this case, a boat manufacturer’s) duty to warn consumers of foreseeable risks. Read through the synopsis and answer Questions 1–4.

Visit URL:

Boating Week Article

http://www.rbbi.com/folders/show/bw2000/sessions/failure.htm

Questions and Answers

Answer the following questions in the fields below.

Question 1: How can boat manufacturers know that they have created adequate warnings to accompany their products?

Question 2: What are some guidelines boat manufacturers can follow for conveying their warnings? What are the best techniques for conveying warnings to consumers?

Question 3: What are some defenses a boat manufacturer can use if it is sued for failure to warn?

Question 4: Is the boating industry a good example of the duty to warn underlying product-liability law? Would another industry be a better example?