1. Torts and Products Liability

2. 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

3. 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

4. Damages for Intentional Torts Punitive Damages Compensatory Damages Equitable Relief (in rare cases)

5. Defenses to Intentional Torts Consent Self-defense Defense of others

6. Negligence Behavior that involves an unreasonable risk of causing injury or damage. Elements –duty –breach –causing (causation) –harm (damage or injury)

7. Damages for Negligence Compensatory Damages Equitable Relief (in rare cases)

8. Defenses to Negligence Contributory/ Comparative Negligence Assumption of the Risk

9. Strict Liability Strict Liability is liability without fault, that is, without intent or negligence. Imposed in two circumstances: –ultrahazardous activities –products liability

10. 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.

11. 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

12. Defective Products Types: –manufacturing defect –design defect –failure to warn

13. Defenses to Strict Products Liability Comparative Fault Assumption of the Risk Unforeseeable Misuse Substantial Change Statute of Limitations State of the Art defense

14. Warranties Express Warranties Implied Warranty of Merchantability Implied Warranty of Fitness for a Particular Purpose

15. Damages for Strict Products Liability Compensatory Damages Equitable Relief (in rare cases)