Activity 27
Pg. 357
First portion of #5, 6, and 10
5. How would you define an unreasonably dangerous product?
In order for a product to be considered unreasonably dangerous it must have a defect of some sort. There are four types of defects a court recognizes that would brand a product as defective and there for unreasonably dangerous. These imperfections as follows: when there is a fault in the products design, an error in the product manufacture/assembly, improper product maintenance, and manufacturer or seller’s failure to warn.
6. Explain how errors in product manufacture/assembly make a product unreasonably dangerous for product liability purposes.
The purpose of product liability is to help defend and protect patrons from products that prove to be dangerous and holding the product’s manufacturer accountable. When a product is assembled incorrectly missing a critical step along the way it could result in an unreasonable amount of danger. A common example of this would be a manufacturer recall on a vehicle. The defect can be minor in most cases but in some they can have collateral damage before the defect is discovered. These malfunctions forces a thorough inspection of the vehicle to determine who involved in the construction of the car should hold the product liability. These particular defects would not only cause injuries or even death to …show more content…
Explain how assumption of risk operates as a defense to product liability.
Assumption of risk is defined as the plaintiff’s voluntary assumption of a known risk with a full appreciation of the dangers involved in facing that risk. In products liability cases the plaintiff is the ultimate user. The ultimate user’s assumption of risk can be considered a protection for the defendant when the plaintiff ignores a discovered defect and uses the product while knowing of its dangerous condition, fails to maintain the product properly, and/or fails to follow instructions or heed warnings for safe product