•
The behavior of the plaintiff did not significantly contribute to the harm caused.
The doctrine of res ipsa loquitor does not establish proof of negligence, but it does allow the jury to infer what
is not explicitly available pertaining to negligent acts or omissions on the part of the defendant (Baime, 2018).
Negligence can occur when products are created because defects can harm consumers. Think about the
potential harm that would occur if brake manufacturers were negligent. This negligence would cause brakes
to have flaws, which would prevent them from doing their job of stopping cars. If a car does not stop, people
will likely be injured. The manufacturing defect would result in a product liability lawsuit, based on legal
responsibility for the harmful consequences proximately caused by the product defect (Baime, 2018). Since the
courts would not be able to see the negligence occurring, the courts would base their decision on res ipsa
loquitor and the fact that the brakes would not normally fail under normal use by the driver.
Figure 6.6
If brakes do not work like they are supposed to, it could be the result of a manufacturing defect
that would result in product liability. (Credit: Valtercirillo/ pixabay/ License: CC0)
The Unreasonably Dangerous Product Standard
In the case of product liability, the court uses an unreasonably dangerous product standard to determine
liability. The unreasonably dangerous product would be so dangerous that the danger would be beyond the
expectation of the user, and a less dangerous option could have been produced instead (Kionka, 2013). This
type of unreasonably dangerous product often falls into one of three categories (Kionka, 2013):
•
A flaw in the manufacturing process that occurred because the manufacturer failed to exercise proper
care during manufacturing
•
A defect in the design of the product, which makes it dangerous, and safer alternatives are available and
economically feasible
•
The product includes insufficient warnings or instructions for the proper use of the product and its
potential dangers
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Chapter 6 The Tort System
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