Term
1. that the product is defective
2. that the defect existed when the product left the defendant's control |
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Definition
| plaintiff must show in any product liability cases |
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Term
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Definition
| when an individual product has a defect making it more dangerous than the other identical products |
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Term
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Definition
| when all products of an particular design are defective and dangerous |
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Term
| fails to provide adequate warning |
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Definition
| manufacturer doesn't provide information about potential dangers associated with the product |
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Term
| Negligent failure to warn |
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Definition
| the plaintiff must demonstrate that the defendant knew or should have known that without a warning, the product would be dangerous in its ordinary use, or in any reasonably foreseeable use, yet the defendant still failed to provide a warning |
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Term
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Definition
| used by a defendant to demonstrate that his alleged negligent behavior was reasonable, given the available scientific knowledge existing at the time the product was sold or produced--focus is on the reasonableness of the defendant's conduct |
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Term
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Definition
| limit the time within which all types of civil actions may be brought |
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Term
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Definition
| provide an additional statutory defense by barring actions arising more than a specified number of years after the product was purchased |
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Term
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Definition
| focuses on the product; courts may hold liable the manufacturer, distributor, or retailer to any reasonably foreseeable injured party |
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Term
1. the product was defective when sold
2. the product was so defective that the product was unreasonably dangerous
3. the product was the cause of the plaintiff's injury |
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Definition
| to succeed in strict product liability action, the plaintiff must prove: |
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Term
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Definition
| a guarantee or binding promise regarding a product |
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Term
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Definition
| clearly stated by the seller or manufacturer |
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Term
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Definition
| automatically arising out of a transaction |
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Term
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Definition
| the particular goods would be accepted by others who deal in similar goods--that the goods are fit for the purpose for which they are sold and used |
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Term
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Definition
| liability based on the share of market defendants held at the time something (drug) was produced |
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Term
1. all defendants are tortfeasors
2. the allegedly harmful products are identical and share the same defective qualities
3. the plaintiff is unable to identify which defendant caused her injury, through no fault of her own
4. the manufacturers of substantially all the defective products in the relevant area and during the relevant time are named as defendants |
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Definition
| What plaintiff must prove to use market share theory |
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