Explore the legal terms and concepts related to Products Liability. Click on any term below to learn more about its definition and applications.
What are valid defenses to product liability claims based on breach of warranty?
Valid defenses include: (1) assumption of risk, and (2) under the UCC, failure to give notice of bre...
What is required to bring a valid products liability claim under breach of implied warranty of fitness for a particular purpose (IWFPP)?
IWFPP arises when (1) the seller knows or has reason to know the particular purpose for which the go...
What is required to bring a valid products liability claim under breach of implied warranty of merchantability (IWM)?
IWM is implied in every sale of goods. It holds that merchants who deal in goods of the kind warrant...
What is required to bring a valid products liability claim under breach of express warranty?
Express warranties are an affirmation of fact or promise about goods that becomes a basis of the bar...
What is required to bring a valid products liability claim under negligence?
Bringing a products liability action under negligence requires: (1) a duty to make or maintain produ...
What is required to bring a valid products liability claim under intent?
Product liability actions brought based on intent are generally brought as battery actions.
What are valid defenses to strict products liability?
Two valid defenses to strict products liability are: (1) assumption of risk, and (2) comparative neg...
In establishing a valid strict products liability claim, what is a warning defect?
A warning defect exists where a manufacturer knows or has reason to know that the product is likely...
In establishing a valid strict products liability claim, what is a manufacturing defect?
A manufacturing defect exists where a product departs from its intended design. The plaintiff must s...
What is required to bring a valid products liability claim under strict liability in tort?
A strict products liability in tort claim requires: (1) the defendant to be a commercial supplier of...
What are the 5 theories of products liability?
The 5 theories of products liability are: 1. Intent 2. Negligence 3. Strict Liability 4. Implied Wa...
What is required to bring a valid products liability claim under misrepresentation of fact?
Sellers are liable for misrepresentations of facts concerning their products when: (1) the statement...
In establishing a valid strict products liability claim, what is a design defect?
A design defect exists where there is a defect common to the entire product line, which makes the pr...
