Torts Outline

Products Liability Scheme

Theories

Defect
Characteristics

Tests for
Defective
Design

Resulting
Theories

Liability
Viewpoints

Consumer
expectations (2nd
Rest. 402(a))

Strict
liability or
negligence

Plaintiff
view: high
science/state
of the art
strict liability
or
negligence.

Manufacture/
Construction

Reasonable
Alternative
Design (3rd Rest.
2(b))

Negligence

Defendant
view:
reasonably
prudent
manufacturer
negligence

Warnings/
Instruction

Risk-Utility
Analysis with
RAD as a nonmandatory factor
(402(a))

Hand,
Cardozo/A
ndrews
Traynor
Analysis

(failure to exercise due

care in):

Negligence

Design

Implied
Warranty

Time of manuf. (D)

Time of use (P)
Time of trial (P)

DEFECT
Express
Warranty

Causation
Injury
Strict Liability
(2nd Rest.
402(a)/3rd Rest.
2(b): RAD)

Labeling (machine
tool plate)

Packaging
Post sale due care
obligations

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