Defenses 2 Prod. Liab.
SL Defenses in Prod. Liab.
- P's Neg.
- Contrib. Neg. in SL Jxn
- Most forms of contrib. neg. not a defense in SL cases
- P's neg. could B compl. defense
- Comp. Neg.
- Mix apples & oranges by lwring P's recov. by comp. neg.
but no bar
- P's unrsbl behav. contrib. 2 injury / P's neg. is prox. cause
of harm, then jury lwrs recov. accordingly
- CA Jury Instruction: Maj. jxn
- Compute amt w/o comp. fault
- Assign % of P's fault
- Then lwr which is final amt of verdict
- Adv. & Disadv. of Comp. Neg. w/SL
- Not det. if P's neg. meets A/R so good
- Prob. b/c only assume unrsbl behav. & not deal w/rsbl
- If Rsbl Assumption: What Law Should B
- Hold mfgr SL b/c spread cost
- Mfgr. not doing any good deed
- If prod. defective & foreseeable harm from rsbl use, shouldn't
- Prod. Misuse
- Prod. Not Defective
- Then no liab. so bar P's recov.
- Defect & defense of misuse rel'ed b/c even w/abnormal
uses, benefit may outweigh the burden
- Prod. Defective
- Not prox. cause of harm
- No recov. 4 P
- Foreseeable misuse
- P can recov. & no defense
- Unforeseeable misuse, abnormal unintended use of prod.
- No recov. 4 P & defense
- Preemption Defense
- Fed. Law Supreme
- Conflict w/State Law
- Fed. can lay out when preemption may occur
- Fed can occupy the field & state can't intrude
- Used more by D as defense in ind. where reg'ed like tobacco
- Preemptions In
- State law that conflict w/fed.
- Priv. axn where P sues 4 failrue 2 warn / misdesign
- Used Prod. Seller
- No SL 4 Used Prod. Seller
- Would apply SL 4 orig. chain distrib. b/c can indemnify mfgr.,
pressure mfgr, & can choose mfgr
- For used prod. seller, consumer expectation dif., can't distrib.
liab. 2 mfgr by indemnity / pressure, & would incr. cost if
- Lessor & Home Sellers
- Gen'ly No SL 4 Lessor
- But Becker v. IRM Corp. said SL which is min.
- Seller of Homes
- Liab. more readily but not same as mfgr & sellers
- SL b/c mass prod. homes & in busi. of selling so seems
like ord. prod. sit.
- SL 4 failrue 2 disclose known cond's
- Service Provider
- No SL b/c Not in Busi. of Selling
- Not service provider
- Policy of constant availability of blood
- Hybrid of Serv. & Prod. Seller
- If essence serv, not SL
- Gen'ly if hybrid, then say serv. prov'ed not prod. selling
b/c sense that prod. is only incidental part & neg. can cover
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