- just defective, not treated under products liability - some treat as K, some as torts A. Three Types of Defects in Products 1. Manufacturing Defects in Products - the product you intended to product” “not - (570) Lee - test for defect - prima facie case - coke bottle blew up in here hand - you have to prove that the bottle was defective AND that it was defective when it left the Manufacturer’s control - more likely than not that there was a defect, okay - eliminate other possibilities - 30,000 mile car - been out of the defendant’s control for 30k miles - hard to win - Pyrex dish - explodes coming out of the oven, if she didn’t just get it, it’s hard to prove (but they are supposed to last forever, closer) - no liability - if there were other similar incidents, easier to argue defect Manufacturing Defects: Products Liability Restatement product contains a manufacturing defect when the product departs from “a its intended design even though all possible care was exercised in the preparation and marketing of the product.” - departs from intended design is the core - possible care” signals no negligence (Acted reasonably) “all - still liable for manuf. defects Manufacturing Defects in Food 1. Consumer Expectation (Jackson; (Majority) 574) - Chocolate Pecan (bit shell, broke tooth) - what the consumer reasonably expected biting into the pecan - April 17, 1:33 2. Natural/Non-Natural (Mexicali 575) (CA; minority) Rose; - bit into a one inch chicken bone - natural to the product, not defective - Olive Pit Pizza Hypo - restaurant not liable if they put it together (CA)
- just defective, not treated under products liability - some treat as K, some as torts A. Three Types of Defects in Products 1. Manufacturing Defects in Products - “not the product you intended to product” - Lee (570) - test for defect - prima facie case - coke bottle blew up in here hand - you have to prove that the bottle was defective AND that it was defective when it left the Manufacturer’s control - more likely than not that there was a defect, okay - eliminate other possibilities - 30,000 mile car - been out of the defendant’s control for 30k miles - hard to win - Pyrex dish - explodes coming out of the oven, if she didn’t just get it, it’s hard to prove (but they are supposed to last forever, closer) - no liability - if there were other similar incidents, easier to argue defect Manufacturing Defects: Products Liability Restatement “a product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.” - departs from intended design is the core - “all possible care” signals no negligence (Acted reasonably) - still liable for manuf. defects Manufacturing Defects in Food 1. Consumer Expectation (Jackson; 574) (Majority) - Chocolate Pecan (bit shell, broke tooth) - what the consumer reasonably expected biting into the pecan - April 17, 1:33 2. Natural/Non-Natural (Mexicali Rose; 575) (CA; minority) - bit into a one inch chicken bone - natural to the product, not defective - Olive Pit Pizza Hypo - restaurant not liable if they put it together (CA)