Manufacturing (Strict Liability) Was it made with a defect? Product must be substantially unaltered. Ø modifications Ø damages Ø wear & tear The General Defect Theory states that… Ø Accidents of this type do not occur without a defect Ø The Plaintiff sufficiently eliminated other proximate causes Design (Negligence) Was it made with a defective design? RISKS vs. UTILITY Ø Monetary costs for a new design Ø Lost utility (positives of old design) Ø Trade off safety costs (negatives about new design)
Warnings (Negligence) Does it warn us like it should? Functions of Warnings 1. Informational the product is dangerous 2. Warning there are ways to limit the risk 3. Judging reasonableness o Is the risk known? o Is the harm foreseeable? o Reasonableness: is it just plain silly to warn about? Exceptions – obvious danger