Manufacturing and Design Defects

Housekeeping

Make up class: 8:45am - 10:00am on Thursday April 27, 2023 Hall of the 70s (this classroom)

Office hours today: 12:00pm - 1:00pm Study Room C302 in the Library

Strict Liability Recap

Limits on Strict Liability

Fletcher v. Rylands

— PWFOPBOHL&C&KTALDMIIE

Rylands v. Fletcher

— PWFOPBOHL&C&KTA “non-natural” and LDMIIE

First Restatement

— “ultrahazardous activity”

Second Restatement

— “abnormally dangerous activity”

Indiana Harbor Belt v. American Cyanamid

Strict liability applies for behavior that is:

- Very risky and that risk cannot be eliminated at reasonable cost

AND

- Not susceptible to due care analysis

Tort law is the law of

negligence.

Strict liability is the law of tort law when negligence fails.

MacPherson v. Buick Motor Co.

&

Escola v. Coca Cola

Strict Liability Rationale

— Power dynamics

— Cost spreading / insurance

— Deterrence

Products Liability

— Manufacturing defects

— Design defects

— Instructions and warnings

Manufacturing Defects

Design Defects

Cronin v. J.B.E. Olson

Restatement (Second) of Torts

§ 402A. Special Liability Of Seller Of Product For Physical Harm To User Or Consumer

(1) One who sells any product in a defective condition ~~unreasonably dangerous to the user or consumer or to his property~~ is subject to liability for physical harm thereby caused…

Barker v. Lull Engineering

Two tests:

Consumer expectations
Excessive preventable danger

Soule v. General Motors

When does the consumer expectations test apply?

Not at all clear!

It depends upon the “everyday experience of the product’s users”

1) Consumer expectations

2) Excessive preventable danger

“Reasonable Alternative Design”