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Manufacturing (Strict Liability) Was it made with a defect? Product must be substantially unaltered. Ø modifications Ø damages Ø wear & tear The General.

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Presentation on theme: "Manufacturing (Strict Liability) Was it made with a defect? Product must be substantially unaltered. Ø modifications Ø damages Ø wear & tear The General."— Presentation transcript:

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2 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)

3 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

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