PRODUCTSLIABILITY.docVIP

PRODUCTS LIABILITY INTRODUCTION TO PRODUCTS LIABILITY: What is PL? In torts, there are “causes of action.” There are certain requirements to meet. PL is NOT a coa. It is a set of theories surrounding a particular problem. Injuries to consumers caused from certain product use. (Firestone Tires, asbestos, pharmaceuticals). Injuries are usually “personal”, and sometimes property damage. Theories of liability: Warranty Theory–sale of a product–K and warranties. UCC 2-715 provides a remedy for breach of warranty for personal injury. Fraud Theory–company sells a product and knowingly misrepresents the product. (Tobacco cases relied on this theory–tobacco companies knowingly mislead the public). Negligence Theory–manufacturer of product was negligent in making the product and he could foresee personal injury. Statutory Theory–Texas Deceptive Trade Practices Act. (DTPA), OSHA violations, FDA regulations on products. Strict Tort/Products Liability–embodied in Rest.2d Sect. 402a. Allows recovery for personal injury and property damage even where there is no fault on the part of the defendant. (We focus on this theory in class). History of PL in the Twentieth Century: Before 1916: we had a special body of law for injuries caused by products. Different from K or negligence cases; special rules applied to this body. Special rules for PL–plaintiff friendly. First cause of action was K law. Seller violated the K when product caused injury. A faulty product breached a K. But products became more “mass marketed” and someone who did something wrong did not necessarily sell to the consumer. A retailer was the middleman. K claim had a problem b/c no privity existed. Second cause of action was negligence. The manufacturer was negligent in making a defective product. But if negligence was the claim, the only person who could recover was the person who bought directly from the manufacturer. Again, no privity of K. Negligence duty only ran to the person