Torts Lecture Twenty-Four: Products Liability: Defects and Defenses

This conversation provides a comprehensive overview of products liability law, focusing on its significance in consumer safety and corporate responsibility. It explores the foundational legal theories, types of defects (manufacturing, design, and warning), and the defenses available to manufacturers. The discussion also highlights the importance of causation in linking defects to harm, landmark cases that shaped the field, and emerging issues in the context of modern technology. The conversation concludes with a reflection on the policy debates surrounding strict liability and the journey of a products liability lawsuit.

Distinguish between negligence and strict liability in product liability claims.

Negligence focuses on the defendant's fault, requiring proof that they failed to exercise reasonable care in the product's design, manufacture, or warning. Strict liability, conversely, does not require proving fault; it holds a seller liable if the product is simply "defective and unreasonably dangerous" when it left their control.

Explain the primary difference between a design defect and a manufacturing defect.

A design defect exists when a product's fundamental blueprint or structure makes it inherently unsafe, impacting all units made according to that design, even if manufactured perfectly. A manufacturing defect, however, results from an error during the production process, causing a specific product or batch to deviate from the intended design.

What is the "duty to warn" in product liability, and what kind of risks does it typically cover?

The duty to warn requires manufacturers to provide reasonable warnings about non-obvious dangers associated with their products. This duty extends to inherent dangers, foreseeable misuses, and potential side effects, ensuring users are informed of risks they cannot easily perceive.

Briefly describe the "Risk-Utility Test" used in evaluating design defects.

The Risk-Utility Test is a cost-benefit analysis that assesses whether the probability and seriousness of harm caused by a product's design outweigh the burden or costs of implementing a safer alternative design. If the risks are found to outweigh the utility or the cost of a safer design, the product may be deemed defective.

How does the "Assumption of the Risk" defense function in a product liability case?

This defense asserts that the plaintiff, by voluntarily encountering a known risk, agreed to assume the risk of injury. To succeed, the defendant must prove the plaintiff had a subjective awareness of the specific risk and deliberately chose to proceed with the risky conduct.

Provide an example of when the "Substantial Change Defense" might be raised by a manufacturer.

A manufacturer might raise the substantial change defense if a consumer modifies a product, like removing a safety guard from a power tool, and then suffers an injury. The manufacturer would argue that the injury was caused by this unforeseeable alteration, not by an inherent defect in the original product.

What is the significance of Greenman v. Yuba Power Products, Inc. in the history of product liability law?

Greenman v. Yuba Power Products, Inc. is a landmark case that established the principle of strict liability in tort for defective products in California. This ruling fundamentally shifted the legal landscape, allowing consumers to hold manufacturers liable for defects regardless of negligence, thereby laying the foundation for modern product liability claims.

When might "federal preemption" be a successful defense in a product liability claim?

Federal preemption can be a successful defense when a federal statute explicitly or implicitly governs the manufacture and distribution of a product and the product complies with those federal laws. For example, if a drug's labeling strictly adheres to FDA regulations and a state law claim alleges inadequate warnings, federal preemption might bar the state claim.