Torts and Products Liability

What is a tort?

• A tort is a civil wrong resulting in injury to person or property.

• Torts vary according to intent– Intentional Torts– Negligence– Strict Liability

Intentional Torts• Intentional torts involve an intent or desire to

cause the consequences or involve a reasonable degree of certainty that the consequences will result.– Examples:

• assault & battery• false imprisonment• intentional infliction of emotional distress• defamation • invasion of right to privacy• fraud• infringement• interference

Damages for Intentional Torts

• Punitive Damages

• Compensatory Damages

• Equitable Relief (in rare cases)

Defenses to Intentional Torts

• Consent

• Self-defense

• Defense of others

Negligence

• Behavior that involves an unreasonable risk of causing injury or damage.

• Elements– duty– breach– causing (causation)– harm (damage or injury)

Damages for Negligence

• Compensatory Damages

• Equitable Relief (in rare cases)

Defenses to Negligence

• Contributory/ Comparative Negligence

• Assumption of the Risk

Strict Liability

• Strict Liability is liability without fault, that is, without intent or negligence.

• Imposed in two circumstances:– ultrahazardous activities– products liability

Products Liability

• Products Liability is the legal Liability of the manufacturer and seller of a product that causes injury to the purchaser, user, or bystander.

Theories of Recovery in Products Liability

• Intent– did the manufacturer or seller intend the

consequences

• Negligence– was the manufacturer or seller unreasonable

• Strict Liability– was the product defective

• Warranties– express & implied

Defective Products

• Types:– manufacturing defect– design defect– failure to warn

Defenses to Strict Products Liability

• Comparative Fault

• Assumption of the Risk

• Unforeseeable Misuse

• Substantial Change

• Statute of Limitations

• State of the Art defense

Warranties

• Express Warranties

• Implied Warranty of Merchantability

• Implied Warranty of Fitness for a Particular Purpose

Damages for Strict Products Liability

• Compensatory Damages

• Equitable Relief (in rare cases)