Products Liability in a Nutshell
Definition of Product; Definitions of Defect, Including Restatement 2d Torts and Restatement 3d Product Liability; Definition of Sale; Breakdown of Privity; Statutory Violations; Bases of Liability Including Negligence, Warranty and Strict Liability; Potential Plaintiffs; Potential Defendants Including Manufacturers, Distributors, Lessors, Realtors, Successor Corporations and Providers of Services; Contribution and Indemnity; Reliance; Disclaimers; Solely Economic Loss; Notice of Breach; Jurisdiction; Statutory Compliance; Contract Specifications Defense; Statutes of Limitations; Statutory Changes; Production, Design and Warning Claims; Misrepresentation; Causation; Subsequent Remedial Measures; Spoliation; Expert Testimony.
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Table of Cases
Definition and Scope
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2d of Torts abnormally dangerous accident admissible apply arise asbestos breach Cal.Rptr causation cause of action claim common law comparative fault contract court found court held defective design defective product defendant defendant's design defect determining disclaimer doctrine drug duty to warn Eli Lilly employer Equip evidence express warranty F.Supp failure to warn federal Ford Motor foreseeable held liable held strictly liable implied warranty impose strict liability Industries International Harvester involved issue Johns-Manville jurisdictions jury knowledge Liggett Group litigation manufacturer misrepresentation misuse Motors Corp N.J.Super negligence ordinary consumer Ortho Pharmaceutical parties personal injuries plaintiff privity prod production defects products liability proof provides proximate cause punitive damages reasonable recover recovery result risk risk-utility rule S.Ct safety seller solely economic loss statutes of repose statutory strict liability strict tort strictly liable subsequent remedial measures supplier tion tortfeasor unavoidably unsafe unreasonably dangerous